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THE CAPITOL AT WASHINGTON 











GOVERNMENT AND POLITICS 
IN THE UNITED STATES 

A Textbook for Secondary Schools 


BY 

WILLIAM BACKUS GUITTEAU, Ph.D. 

Superintendent of Schools^ Toledo^ Ohio 


WITH ILLUSTRATIONS 



BOSTON NEW YOBK CHICAGO 
HOUGHTON MIFFLIN COMPANY 
(Ctie Cambrilige 






COPYRIGHT, 19II, BY WILLIAM BACKUS GUITTEAU 
ALL RIGHTS RESERVED 


* 


©CI.A28.‘Ui65 


TO 

THE BOYS AND GIRLS 
OF THE 


TOLEDO HIGH SCHOOLS 








PREFACE 


Most teachers of Civics agree that the presentation of 
this subject should commence with local government, and 
then proceed to the study of the government of the State, 
and finally of the Nation. Not only is this the correct order 
historically, but by beginning with local government, the 
pupil first studies those governmental agencies with which he 
is most familiar. School district, township, and municipal 
governments are nearer to his daily life and experiences; 
and from this basis of civic facts he can proceed more readily 
to the study of State and federal government. 

In presenting each of these fields of study, the same gen¬ 
eral plan of treatment has been followed: first, the origin of 
government has been briefly outlined, so that the relation 
of government to history may be understood; second, the 
structure or machinery of government has been described; 
and third, the functions or activities of government have 
been presented, special emphasis being laid upon this phase 
of the subject. This emphasis is in accordance with the 
legitimate demand that greater attention be given to the 
study of applied civics; and accordingly more than half of 
the chapters of the text are devoted to the work which 
governments perform. 

In order to make the study of government concrete and 
vital, the largest possible use should be made of such ma¬ 
terial as town warrants, legislative bills, sample ballots, 
presidential messages, and the like. A detailed list of ma¬ 
terial for this purpose is given in Appendix “D.” As a 
further aid to supplementary work, a suggestive list of 
questions and exercises has been placed at the end of each 
chapter, together with a chapter bibliography. These ques¬ 
tions and exercises should be assigned to different members 


VI 


PREFACE 


of the class, in order that each pupil may learn to use the 
reference works cited, to distinguish between essential and 
relatively unimportant facts, and to prepare acceptable 
reports upon special topics. 

A list of the works deemed indispensable for the school’s 
reference library will be found in Appendix “E”; and if 
funds permit, many others should be included, chosen from 
the chapter bibliographies. 

Members of the class should be encouraged to visit town¬ 
ship, county, and municipal oflfices; and local officials should 
be invited to come before the class and describe the business 
of their departments. Added .interest may be secured by 
organizing the class into a town meeting, or as a city coun¬ 
cil, State legislature, or branch of Congress. A bulletin 
board in the classroom for newspaper clippings pertaining 
to governmental affairs will prove both interesting and 
helpful. 

The author of this text desires to express his sincere ap¬ 
preciation of the kindness of several friends in reading por¬ 
tions of the manuscript, and in aiding him with valuable 
suggestions and corrections. To Professor R. C. Brooks 
of the University of Cincinnati, he is indebted for reading 
the chapters on local government. Professor H. V. Ames 
of the University of Pennsylvania has examined the histor¬ 
ical chapters, as well as those on the State and federal 
constitutions. Professor F. M. Taylor of the University 
of Michigan has read the chapters on finance. Professor 
J. W. Jenks of Cornell University has given many helpful 
suggestions concerning the discussion of the federal govern¬ 
ment. Professor G. W. Knight of the Ohio State University 
has done the same for the chapters on Relations of State 
and Federal Government, Political Parties, and Nominations 
and Elections. Professor Wilbur Siebert of the Ohio State 
University has read the chapters on the State Legislature, 
the State Executive, and the State’s Economic Functions. 


PREFACE 


vii 


Professor Carl Kelsey of the University of Pennsylvania 
has given valuable suggestions concerning the discussion 
of Crimes and Charities. The chapters on the State and 
Federal Judiciary have been revised and greatly improved 
by my friends C. F. Watts and Lloyd T. Williams of the 
Toledo Bar. The completed manuscript has been read by 
W. H. Cushing of Framingham, Mass., and C. W. Gayman 
of Toledo, Ohio, both of whom have offered valuable com¬ 
ments and criticisms. Finally, the author desires to express 
his sincere appreciation of the constant and discriminating 
assistance of Miss N. J. Heim in preparing the manuscript 
for publication, collecting the statistics, and making the 
index. The illustrations have been selected by Hanson H. 
Webster of the editorial staff of the publishers. The graph¬ 
ical charts were prepared by Mr. George Dunn, of the 
Toledo Central High School. 

W’^hile the author is of course solely responsible for all 
errors and shortcomings in the work, he feels a deeper sense 
of obligation and gratitude to these friends than he can 
express by a formal acknowledgment in a preface. 

William Backus Guitteau. 

Toledo, Ohio, 

January 9, 1911, 


1 


ANALYSIS OF CONTENTS 


PART I 

LOCAL governments" 

I. Some Elements of Politics.. . 1 

Origin of the State — Evolution of the State — Preliminary De- . 
finitions and Distinctions — The Forms of the State — Classi¬ 
fication of Governments— Immediate and Representative Gov¬ 
ernments — Limited and Unlimited Governments — Monarchic, 
Aristocratic, and Democratic Governments — Hereditary and 
Elective Governments — Centralized and Dual Governments — 
Consolidated and Coordinated Governments — Presidential 
and Parliamentary Governments — Characteristics of American 
Government — The Functions of Government. 

II. Origin of Rural Local Government.14 

Relation of Local to State Governments — Classification of Lo¬ 
cal Governments — Origin of Town Government — Historical 
Development of the English Town — Origin of the County — 
Later Development of the English Shire — Establishment of 
Towns in New England — Characteristics of Early New England 
Towns — Rise of the Southern County — Government of the 
Southern County — The Southern Parish — Contrast between 
New England and Southern Systems—Township-County Sys¬ 
tem of the Middle Colonies. 

in. Structure and Functions of Rural Local Gov¬ 
ernment .24 

General Features of New England Towns — Important Elements 
in Town Government — The New England County — The 
Southern County — Minor Local Divisions in the South — Town¬ 
ship-County System of Local Government — Origin of the Town¬ 
ship in the West — Development of the Congressional Township 
— Differentiated Types of Township-County System — The 
Town-Meeting in the Central States — The Supervisor and the 
Township Board — Other Township Officers — The School Dis¬ 
trict — Organization of County Board in the Central States — 
Functions of the County Board — The County’s Judicial Officers 
— Financial and Other County Officers — Local Government in 
the Western States. 





X 


ANALYSIS OF CONTENTS 


IV. Municipal Development.38 

Definition of City — Origin of Cities — Development of Cities — 
English Origin of American Municipal Institutions — History of 

the English Municipal Borough — Characteristics of British Mu¬ 
nicipal Government — American Municipal History — Colonial 
Cities — Relation of Cities to State Governments — Second Pe¬ 
riod of American Municipal History — Third Period, 1825-1850 
— Fourth Period, 1850-1875 — Changes in Municipal Organiza¬ 
tion during Fourth Period — Recent Municipal History, 1875 
to the Present Time — Changes in Municipal Organization — 

The Commission Plan — Proposed Improvements in Municipal 
Government. 

V. Municipal Organization.50 

Organization of the Council — Legislative Powers of the Coun¬ 
cil— The Council’s Police Power—Financial Powers of the 
Council — Miscellaneous Powers of the Council — Procedure in 
City Councils — The Mayor — Legislative Powers of the Mayor 

— The Mayor’s Administrative Powers — Judicial Powers of the.’ 
Mayor — Administrative Officials — Board System vs. Single 
Commissioner System. 

VI. Municipal Activities . T. 61 

Police Administration — Control of Police Administration — 
Protection from Fire — Control of Public Health — Public Edu¬ 
cation — Public Recreation — Charities and Poor Relief — The 
City Street — Street Cleaning and Removal of Waste — Sewer- - 
age Systems — Water Supply — Public Lighting — Street Rail-1 
ways — The Problem of Municipal Monopolies — Arguments for 
Municipal Ownership — Arguments against Municipal Owner¬ 
ship. 


PART II 

f'[ STATE GOVERNMENTS ^ 

VII. Origin of State Governments . . . . ~,—. -, , 74 

The Establishment of Colonies — Classification of Colonial 
Governments — Common Characteristics of the Colonies — The 
Colonial Legislature — The Colonial Governor — Relations with 
Great Britain to 1760 — Policy of Imperialism — The Dispute 
over Representation—The Mercantile Colonial System —Re¬ 
sistance to Great Britain — Declaration of Independence. 

VIII. State Constitutions.86 

Early State Constitutions — Parts of the State Constitution — 

Bills of Rights — Early State Legislatures — The State Executive 

— The Judiciary — Checks and Balances — Development of State 







ANALYSIS OF CONTENTS 


xi 


Constitutions — Second Period, 1800-1860 — Third Period, 1860 
to the Present Time — Enactment of State Constitutions — 
Amendment of State Constitutions — Amendment by Constitu¬ 
tional Convention — Amendments proposed by Legislatures — 
Amendment through the Initiative and Referendum — Author¬ 
ity of State Constitutions. 

IX. The State Legislature.95 

Composition of the Legislature — The Members of the Legisla¬ 
ture — Organization and Procedure — The Enactment of Laws 
— The Governor’s Veto — Scope of State Legislative Power — 
Non-Legislative Duties — Limitations upon Powers of State 
Legislatures — Limitations imposed by the Federal Constitution 
— Limitations implied from Federal Constitution — Limitations 
imposed by State Constitutions — Limitations implied from the 
Nature of Republican Government — Direct Legislation. 

X. The State Executive.106 

Contrast between State and Federal Executives — Election and 
Term of the Governor — Qualifications and Salary — Adminis¬ 
trative Powers and Duties — Political Duties—'State Govern¬ 
ors under the Federal Constitution — Other Principal Execu¬ 
tive OflBcers — The Lieutenant-Governor — The Secretary of 
State — State Auditor or Comptroller — The State Treasurer — 

The Attorney-General — State Superintendent or Commissioner 
of Schools — Appointive Officers of State Administration — 

State Boards or Commissions — Civil Service Reform. 

XI. The State Judiciary. 115 

Development of Colonial Courts — The Common Law — Equity 

— Our System of Law — System of State Courts — Inferior 
Courts — Courts of General Original Jurisdiction — Courts of 
Last Resort — Special State Courts — Choice of State Judges —■ 
Tenure of State Judges — Salary and Qualifications — Subordin¬ 
ate Officers of Courts — The Protection of Rights — Procedure 
in Civil Cases — Adjudging Legislative Acts Unconstitutional 


— Principles of Constitutional Interpretation — Judicial Con¬ 
trol of Executive Officials — Relation of State to Federal Courts 
— Interstate Judicial Relations. 

Xn. The Police Power. 129 


Definition of the Police Power — General Characteristics of Police 
Power — Scope of the State’s Police Power — Maintenance of 
Public Peace and Order — Preservation of the Public Safety — 
Promotion of the Public Health — Protection of the Public Mor¬ 
als — Miscellaneous Examples of the Police Power — Regula¬ 
tion of Trades, Callings, and Occupations — Regulation of the 
Liquor Traffic — Regulation of Labor — Regulation of Charges 
and Prices—Regulations in Prevention of Frauds and Oppression. 






XU 


ANALYSIS OF CONTENTS 


XIII. Crime and its Punishment.140 

Wrong-Doing in Early Society — Classification of Wrongs 

The Definition of Crime — Classification of Crimes — The Causes 
of Crime — The Repression of Crime — First Steps in a Crimi¬ 
nal Action — Framing a Formal Accusation — Arraignment and 
Trial — The Theory of Punishment — Places of Imprisonment 
— The Treatment of Criminals — The Prevention of Crime — 
Treatment of Juvenile Offenders. 

XIV. Public Charities. 151 

Relation of Government to Charity — The Causes of Poverty 
General Methods of Poor Relief — Care of Dependent Children ] 

— Medical Charities — Dealing with the Vagrant Poor — Char¬ 
ity Organization Societies — Care'of Defective Classes — The 
Cost of Charities. 

XV. Control of Economic Interests. 158 

Economic Functions of Government — Lands — Forests, Game, 
and Fish — Agriculture and Agricultural Interests — Labor and 
Factory Laws — Characteristics and Development of Corpora¬ 
tions — Organization and Control of Corporations — Regula¬ 
tion of Banks, Insurance Companies, and Railroads — Industrial 
Combinations — Transportation — Roads and Bridges — Canals 
and River Navigation — Weights and Measures — Trade-Marks. 

XVI. Public Education. 172 

Early and Modern Education — State Control of Education — 
Elementary or Common Schools — High School or Secondary 
Education — Colleges and Universities — The State University 

— Administration of Public Schools — The District System — 

The Township System — City School Systems — The County 
System — State Administration of Schools — Text-Books — 
Employment and Certification of Teachers — Compulsory Edu¬ 
cation — School Revenues — Federal Aid to Public Education — 
Educational Work of the Federal Government. 

XVII. State Finance. 187 

Definition of Finance — Purposes of Public Exi>enditures — Ex¬ 
penditures of National, State, and Local Governments — State 
and Local Expenditures — Sources of Public Revenue — Sources 

of Direct Revenue — Sources of Derivative Revenue — General 
Principles of Taxation — Extent of the Taxing Power — Classi¬ 
fication of Taxes — Assessment of General Property Tax — 
Equalization — Levy and Collection of Taxes — Defects of the 
General Property Tax — Mortgage Taxes — Inheritance Taxes 
— Corporation Tax — Poll or Capitation Tax — Income Taxes 
— License Taxes — Franchise Taxes — Reforms in Taxation — 
Borrowing Power of State Governments — History of State 
Debts. 







ANALYSIS OF CONTENTS 


xiii 


PART III 

THE NATIONAL GOVERNMENT 

XVIII. Origin of the Federal Government .... 207 

Beginning of the Federal Union — Conditions affecting Colonial 
Union — The New England Confederation — The Albany Plan 
of Union (1754) — Stamp Act Congress (1765) — Growth of 
Spirit of Resistance — First Continental Congress (1774) — The 
Second Continental Congress (1775-1781) — Formation of the 
Confederation — Character of the Confederation Government — 
Defects of the Confederation — Failure of the Confederation 
Government. 

XIX. The Formation of the Constitution .... 215 

The Alexandria Conference (1785) — The Annapolis Convention 
(1786) — The Constitutional Convention (1787) — Organiza¬ 
tion — The Contest over Nationalism — The Great Compromise 
— The Three-Fifths Compromise — Navigation Acts and the 
Slave Trade — Other Compromises and Modifications — Sources 
of the Constitution — Completion of the Convention’s Work — 
Ratification. 

XX. The Amendment and Development of the Consti¬ 

tution . 226 

Modification of the Original Constitution — Process of Constitu¬ 
tional Amendment — The Bill of Rights — The Eleventh Amend¬ 
ment — The Twelfth Amendment — Amendments during the 
Reconstruction Period — Constitutional Changes through Inter¬ 
pretation — The Doctrine of Implied Powers — Chief Sources 
of Implied Powers — Constitutional Changes through Usage — 
Influence of Usage upon the Executive — Usages affecting Con¬ 
gress — Constitutional Modifications through the Party System. 

XXI. Relations of Federal and State Governments . 235 

The Federal System — General Distribution of Powers — ^ 

Powers of the National Government — Classification of Federal 
Powers — Interpretation of Federal Powers — Powers of State 
Governments — Concurrent Powers — Prohibitions upon the 
National Government — Restrictions designed to protect In¬ 
dividual Liberty — Other Limitations upon the Federal Govern¬ 
ment — Express Prohibitions upon State Governments — Second 
Class of Express Limitations — Implied Limitations upon State 
Governments — Privileges of States in the Union — Duties of 
the States in the Union — Interstate Obligations — Public Acts 
and Judicial Proceedings — Interstate Extradition. 



xiv ANALYSIS OF CONTENTS 

XXII. The Senate. 248 

Congress a Two-House Body — Equal Representation of States 
— Election of Senators — Political Agencies modifying Indirect 
Election — The Senatorial Term — Qualifications of Senators — 
Rights and Privileges of Members — The Senate’s Powers in 
Legislation — Executive Functions of the Senate — Power to 
approve Treaties — Confirmation of Executive Appointments — 

The Senate’s Judicial Function. 

XXIII. The House of Representatives. 259 

Composition of the House — The Method of Apportionment — 
Districting a State — The Suffrage — The Election of Repre¬ 
sentatives — The Term of Representatives — Qualifications for 
Representatives — Rights, Privileges, and Disabilities of Mem¬ 
bers — Special Powers of the House. 

XXIV. Congressional Methods. 267 

Term and Sessions of Congress — Internal Organization of Con¬ 
gress — The Quorum — Presiding OflBcer of the Senate — The 
Speaker of the House of Representatives — Chief Sources of the 
Speaker’s Power — The Committee on Rules — Congressional 
Committees — The Process of Legislation — Relations of Con¬ 
gress to the President — Limitations on the Legislative Powers 

of Congress — Classification of Congressional Powers — Express 
Powers of Congress — Implied Powers. 

XXV. Organization of the Federal Executive . . . 285 

Method of electing the President — Number and Choice of Elec¬ 
tors — Qualifications for Electors and Voters — Time of Choos¬ 
ing Electors — Meeting of the Electoral College — Counting 
the Electoral Vote — The Disputed Election of 1876 — Elec¬ 
tion by the House of Representatives — Elections of 1800 and 
of 1824 — Changes in the Process of Election — The Inaugural 
Ceremony — Presidential Term, Salary, and Qualifications — 

The Vice-President — Election of Vice-President by the Senate 
— Statutory Presidential Succession. 

XXVI. The President’s Powers and Duties . . . 296 

General Characteristics of the Federal Executive — Classification 
of Executive Powers — Military Powers of the President — 
Position as Comraander-in-Chief — Duty to enforce the Laws — 
Protection of the States — Administrative Powers — The Power 
of Appointment — Officers appointed by Concurrent Action of 
President and Senate — Appointment of Inferior Officers — The 
Power of Removal — Term of Federal Officers — The Spoils Sys¬ 
tem — Civil Service Reform — Diplomatic Powers — Appoint¬ 
ing and Receiving Representatives — The Power to make 
Treaties Legislative Powers — Convening and adjourning 





ANALYSIS OF CONTENTS 


XV 


Congress — Power to recommend Legislation —• The Presidential 
Veto — Judicial Powers. 

XXVII. The Executive Departments. 312 

The Federal Executive Departments — The President’s Cabinet 
— The Department of State — Department of the Treasury — 
Work of the Treasury Department — The Department of War 
— The Department of Justice — Post-Office Department — De¬ 
partment of the Navy — Department of the Interior — The 
General Land Office — Other Bureaus of the Interior Department 
— The Department of Agriculture — Department of Commerce 
and Labor — Miscellaneous Boards and Commissions. 

XXVIII. The Federal Judiciary. 

Necessity of a Federal Judiciary — The National Courts — Fed¬ 
eral Judges — Jurisdiction of the Federal Courts — Jurisdiction 
depending upon Character of Suit — Jurisdiction depending 
upon Character of Parties — The Federal Judicial System — 
Federal District Courts — Federal Circuit Courts — Federal 
Circuit Courts of Appeals — The Federal Supreme Court — Spe¬ 
cial United States Courts — Exercise of Federal Judicial Power 
— The Law administered in the Federal Courts — Declaring 
Legislative Acts Void. 

XXIX. Expenditure and Revenue. 

Objects of Federal Expenditures — Growth of Government Ex¬ 
penditures — Control of Federal Expenditures — Criticisms of 
Federal System of Finance — Sources of Federal Revenue — 
Taxing Power of the National Government — Import Duties as a 
Source of Revenue — Import Duties as a Form of Tax — Gene- ^ 
ral Characteristics of Excise Taxes — History of Excise Taxation 
— Administration of Excise Taxes — Characteristics of Income 
Taxes — History of Federal Taxation of Incomes — Direct Taxes 
levied by the Federal Government — Anticipatory or Extraor¬ 
dinary Revenues — Bond Issues — Short-Time Loans — History 
of the National Debt. 

XXX. Coinage and Currency. 358 

Origin and Functions of Money—Monetary System of the United 
States — Volume of Money — History of Metallic Currency to 
1873 — History of Metallic Currency, 1873-1900 — The Coin¬ 
age Act of 1878 — The Sherman Act and its Results — Argu¬ 
ments for Bimetallism — Arguments for Monometallism — 
Currency Act of 1900 — Paper Currency — First United States 
Bank — Second United States Bank — Constitutionality of a 
Federal Bank — State Banks —The National Banks —The 
Independent Treasury System — Government Paper Money — 
Legal-Tender United States Notes — Resumption of Specie Pay¬ 
ments — Constitutionality of Legal-Tender Notes. 


327 


340 






xvi ANALYSIS OF CONTENTS 

XXXI. Commercial Functions. 377 

Commerce under the Confederation — Commerce under the 
Constitution — Navigation — River and Harbor Improvements 
— Tariff Duties — Tariff History of the United States — Argu¬ 
ments for Free Trade or a Revenue Tariff — Arguments for Pro¬ 
tection — Immigration — General Characteristics of Immigra¬ 
tion — Control of Interstate Commerce — Instruments of Inter¬ 
state Commerce — Railway Transportation — Interstate Com¬ 
merce Act — Anti-Trust Act of 1890. 

XXXII. International Relations. 390 

International Law—Federal Control of International Affairs — 
History of American Foreign Policy — The Struggle for Neutral 
Rights — Policy of Territorial Expansion — Foreign Affairs dur¬ 
ing the Civil War — The Monroe Doctrine — Present Position of 
the United States — Arbitration — Foreign Intercourse — Diplo¬ 
matic Representatives — Consular Officers and Agents. 

XXXIII. Territorial Functions. 407 

Territorial Power under the Constitution — Expansion of the 
National Area — Early History of Northwest Territory — Early 
Territorial Legislation — Ordinance of 1787 — Later Territorial 
Legislation — Territories and Possessions on the American Con¬ 
tinent — The Government of Alaska — The Panama Canal Zone 
— Representative Territorial Government — The District of 
Columbia — Other National Property — Insular Territories or 
Dependencies — The Territory of Hawaii — Government of 


Porto Rico — Government of the Philippine Islands — Relation 
of Territories to the Union — Admission of New States. 

XXXIV. Military Functions. 424 

War Powers of the Federal Government — American Wars — 


The Declaration of War — Letters of Marque and Reprisal — 
Captures on Land and Water — Power to raise and support 
Armies — Officers of the Army — Education of Officers — Mili¬ 
tia — The Navy — Education of Officers — Rules for the Gov¬ 
ernment of Land and Naval Forces — Military Pensions. 

XXXV. Miscellaneous Powers. 435 

Control of Naturalization — Process of Naturalization — Natur¬ 
alization of Communities — Effects of Naturalization — Power 
over Bankruptcy — Proceedings in Bankruptcy — Power over 
Copyrights— Patents — Trade-Marks — Weights and Measures 
— Federal Power over Crimes — Counterfeiting — Piracy — 
Offenses against the Law of Nations — Treason. 

XXXVI. History and Organization or Political Parties 445 
Importance of Political Parties— Functions of Parties — Origin 
of Parties — The Federalists (1788-1816) — The Democratic- 







ANALYSIS OF CONTENTS 


xvii 


Republican Party (1788-1820) — Reorganization of Parties 
(1820-1830) — The Democratic Party (1830-1856) — The Na¬ 
tional Republican or Whig Party (1830-1856) — Second Reor¬ 
ganization of Parties (1852-1860) — Parties since 1860 — Minor 
Political Parties — Organization of Parties — The Party Ma¬ 
chine — Party Responsibility. 

XXXVII. Nominations and Elections. 455 

Methods of Nomination — The Party Primary — Types of Pri¬ 
maries — Local Nominating Conventions — Judicial and District 
Conventions — State Nominating Conventions — Presidential 
Nominating Systems — The Call of National Conventions — The 
Delegates — Procedure in National Conventions — The Nomi¬ 
nation of Candidates — Presidential Electors — Direct Primary 
System — Nomination by Petition — Elections — Qualifica¬ 
tions for Voting — Woman’s Suffrage — Election Districts and 
Registration — The Conduct of Elections — Casting and Count¬ 
ing the Ballots. 


APPENDIX 

A. The Constitution of the United States . . . . i 

B. Area, Population, and Electoral Votes of the 

States, 1910.xvii 

C. Area and Population of Territories and Insular 

Possessions .xviii 

D. Illustrative Material for the Study of Govern- ’ 

ment .xviii 

E. Selected References on American Government . xx 

INDEX.xxiii 


ILLUSTRATIONS FROM PHOTOGRAPHS 


The Capitol at Washington 

Road Making. Two Photographs showing the effect of 

Macadamizing. 

The New City Hall at Chicago. 

A Typical New England Town Hall, at Needham, Massa¬ 
chusetts . 

The Municipal Building at Des Moines (exterior and 
interior).. • 


Frontispiece 

facing 28 

“ 44 

** 44 

** 45 










xviii 


ILLUSTRATIONS 


A View in Central Park, New York City 
William H. Seward Park, New York City 
A Public Bath for Boys, Boston 
Field House at South Park, Chicago 
Pumping Station at the Chestnut Hill Reservoir, Boston 
A Section of the Stony Brook Conduit, Boston 
Two Views of a School-yard in Cleveland Before and After 

Improvement. 

New York State Capitol at Albany .... 

Ohio State Capitol at Columbus .... 

Spokane County Court House, Spokane, Washington 
Cumberland County Court House, Portland, Maine 
Armory of the State Militia, Medford, Massachusetts 
Police Protection during a Strike .... 

Boston City Hospital Relief Station 
A Tenement House Section in New York City 
Two Photographs illustrating Forestry 
Minnesota Agricultural Experiment Station 
The Dairy Car of the “Better Farming Special” 

The Sault Ste. Marie Canal. 

The Queensborough Bridge, New York . 

Boston Public Library. 

The Soldan High School, St. Louis .... 

Bird’s Eye View of the University of Wisconsin 
Three Photographs Illustrating the Centralization plan o 

Schools. 

Public School 165, New York City .... 

The Grover Cleveland School, Philadelphia 
United States Senate Chamber .... 

United States Hall of Representatives 
The New Office Building of the United States Senate 

The Executive Offices. 

The Post Office at New York City .... 

The Post Office at Atlanta, Georgia ... 

The Library of Congress. 

The Patent Office. 

The Great Garland Canal on the Shoshone Project, Wyoming 
The Truckee River Irrigating Canal, Nevada 
The State, War, and Navy Departments 
The Supreme Court Chamber . . , 

Panama Canal, Pedro Miguel Lock 
The Ellis Island Immigration Station (exterior and in 

terior) . 

The Custom House at New York City 
The Custom House at Philadelphia 
The Governor’s Palace at San Juan, Porto Rico 
International Bureau of the American Republics, at 
Washington.. 


facing 


66 

66 

67 

67 

70 

70 

71 
100 
100 
116 
116 
132 
132 
156 
156 
160 
161 
161 
168 
168 
174 

174 

175 

178 

179 
179 
270 
270 
282 
282 
316 

316 

317 
317 
323 
323 
326 
326 
380 

388 

389 
389 
396 

396 








ILLUSTRATIONS 


xix 

The Armored Cruiser “Montana” .... 

• facing 

434 

United States Penitentiary at Leavenworth, Kansas 

, « 

434 

The Coliseum, Chicago. 

. “ 

454 

A Political Parade. 

, *« 

454 

The Dial of a Voting Machine .... 

, “ 

455 


FACSIMILES, DIAGRAMS, AND MAPS 

State Legislative Bill {facsimile) . facing 101 

Our System of Law {diagram) . . .117 

A Pennsylvania Injunction {facsimile) .126 

Sources of School Revenues {diagram) .182 

Expenditures of National, State, and Local Governments {diagram) 188 
Amount and Objects of State and Local Expenditures {diagram) . 189 
Receipts of National, State, and Local Governments {diagram) . 190 
Sources of State and Local Revenues {diagram) . . , ,192 

Sources of Revenues of State and Local Governments {diagram) , 196 
Distribution of General Property Tax among State and Local Gov¬ 
ernments {diagram) ..198 

Distribution of Governmental Powers {diagram) . . , , 236 

The Original Gerrymander {facsimile) .261 

Congressional Districts in the State of Alabama {map) . . . 261 

Form of a Federal Law {facsimile) . facing 283 

A Presidential Proclamation {facsimile) . . . , facing 300 

Last Page of Treaty of Paris, 1898 {fascimile) .... 306 
Objects of Federal Expenditures, 1909 {diagram) .... 341 
Federal Revenues and Expenditures, 1860-1908 {diagram) . . 343 

Sources of Federal Revenues, 1909 {diagram) .344 

The National Debt, 1860-1908 {diagram) .355 

Sources of our Immigration for the years 1882 and 1907 {diagram) . 387 
Insular Expansion of the United States, 1898 {map) . facing 397 
Massachusetts Ballot {facsimile) ...... 469-470 

Continental Expansion of the United States since 1783 {map) 

Bach Lining Pages* 







A.*' 


\ 


GOVERNMENT AND POLITICS IN THE 
UNITED STATES 


CHAPTER I 

, SOME ELEMENTS OE POLITICS 

1. Origin of the State. Since the very beginning of civil¬ 
ization the tendency of man has been to unite with his kind 
in some form of association, rather than to live a Kinship 
solitary and independent life.^ One of the earli- 

est of these groups is the patriarchal family, in which the 
father rules over his descendants as both king and priest. 
In other words, early social organization is based upon kin¬ 
ship; individuals related by blood unite in a family group for 
mutual protection and support. Gradually the family be¬ 
comes larger and broadens into the clan or gens — a group 
of families claiming descent from a common ancestor, prac¬ 
ticing the same religious rites, and ruled over by the chief 
kinsman. At length a number of clans unite into a tribe 
whose chieftain is still in theory the chief kinsman. Finally 
from the union of a number of tribes the ancient state ap¬ 
pears, the members of which are united by the triple bond 
of a common language, a common religion, and real or as¬ 
sumed blood relationship. At the head of the state is the 
king, sanctified as priest and father of his people.^ 

2. Evolution of the State. The early state was little more 

1 According to the celebrated dictum of Aristotle in his work on Politics: **Man is by 
nature a political animal.” 

• This patriarchal theory concerning the origin of political institutions was propounded 
by Sir Henry Maine, and is now accepted by many authorities. But since the actual origin 
of political institutions antedates history by thousands of years, this explanation must be 
viewed not as an account of how the state actually did originate, but of bow it may reason¬ 
ably be supposed to have originated. 


GOVERNMENT AND POLITICS 


than a group of migratory tribes which gained a precarious 
Factors In lining by hunting, fishing, and herding their flocks, 
develop- But with the development of agriculture, men be- 
came identified with the land which they tilled. 
Thus the bonds of kinship and tribal relations were strength¬ 
ened by the sense of geographical unity, and from that time 
on, political life was associated with the land on which each 
community lived. In the development of the state, religion 
and war were also factors of great importance. Religion 
served to inculcate reverence and piety among the masses 
of the people, thereby making possible the supremacy of law; 
while war resulted in the survival of those early groups which 
were best adapted to their environment — in short, it gave 
the land to the strongest nations, to those which could make 
best use of it. Thus by a gradual evolution from early and 
imperfect beginnings, we have the complex industrial state 
of to-day, a product of history and of the gradual and con¬ 
tinuous improvement of human society.^ 

3. Preliminary Definitions and Distinctions. The modern 
state is an independent, sovereign political community, or- 
stata ganized under some form of government. Inde¬ 
pendence, sovereignty, organization — these are 
the essential elements in the conception of the state. 
Hence a community politically dependent upon another, as 
Egypt or the Philippines, is not a state. By sovereignty, 
the second element in the definition of the state, is meant 
supreme and universal power over all individuals within its 
borders.^ In most modern states the ultimate sovereignty 

This historical theory as to the origin of the state is now generally accepted by writers on 
politics. Two other theories regarding the origin of the state formerly prevailed. (1) Dur¬ 
ing antiquity and the Middle Ages, the state was generally viewed as of direct divine cre¬ 
ation. (2)^ In the seventeenth and eighteenth centuries, the prevalent theory was that the 
state had its origin in a contract or compact among individuals whereby each gave up a part 
of his own natural liberty in order that all might be protected by the combined strength of 
all. The chief exponents of this social contract theory were Hobbes, Locke, and Rousseau. It 
was accepted by Jefferson, Madison, and other early American statesmen, and was embod¬ 
ied in the Declaration of Independence and in the Bills of Rights of the early State con¬ 
stitutions. 

^ * This definition excludes the individual commonwealths comprising our federal Union, 
since these are not sovereign states. Throughout this volume the word “State” capitalized, 
will be used to denote one of the members of the Union; and printed without a capital to 


SOME ELEMENTS OF POLITICS 


S 


is vested in the people themselves. Lastly the state pos¬ 
sesses an organization known as its government, which will 
be presently defined. 

The word nation (from the Latin nascor, to be born) has 
reference primarily to the relations of birth and race kin¬ 
ship. Hence the term is sometimes used to denote 

^ . Nation 

a body of people belonging to the same race, pos¬ 
sessing a common language, common civilization, traditions, 
and customs. In this sense all Germans, whether living in 
Germany, Austria, or elsewhere, compose the German na¬ 
tion. A second and more common use of the word nation 
is to denote a body of people living within a definite territory 
under an independent government of their own; thus the 
French nation denotes the people occupying the territory 
known as France. 

Government, a term often used as synonymous with state, 

should be clearly distinguished from it, since government is 

merely the instrument or agency created to carry „ 

; , * 1 /-I .11 Government 

out the ends of the state. Government includes 

the body of laws and customs through which the will of the 

state is expressed, as well as the officers whose duty it is to 

formulate, execute, and interpret those laws and customs. 

A government is administered in accordance with a consti¬ 
tution — which may be defined as the fundamental, organic 

law in which the will of the state is expressed, and ^ 

Constitution 

by which the form and powers of its government 
are determined. Constitutions are usually written,^ as in 
the case of the United States, Germany, France, and Italy; 
sometimes unwritten like that of Great Britain. Unwritten 
constitutions exist in the form of precedents, customs, and 
rules defining the nature of the government and the scope of 
its authority. 

4. The Forms of the State. Most writers on politics have 

denote a sovereign state belonging to the family of nations — as the United States or 
France. 

^ The first written constitution creating a government was the Fundamental Orders of 
Connecticut, drafted by the people of Windsor, Hartford, and Wethersfield in 1639. 


4 


GOVERNMENT AND POLITICS 


followed Aristotle’s classification of states into monarchies, 
aristocracies, and democracies, according to the 

ArlSiOuo s 11111 *• 

ciassuica- number of those who hold the sovereignty or 
supreme power.^ If sovereignty resides in a single 
individual the state is a monarchy; if in a minority of per¬ 
sons it is an aristocracy; if in the majority, a democracy. 
This classification is of slight practical value at the present 
time, since nearly all great modern states are democracies, 
the supreme power being vested in the people; but many of 
them have monarchical governments. 

History furnishes another classification based upon no 
general principle into: ( 1 ) the city state, of which ancient 
Historical Greece furnishes many examples. (2) The uni- 
lomLs versal or world state, the institution peculiar to 
Roman political genius; e. g., the Roman Empire and the 
empires of Charlemagne and Napoleon I. (3) The feudal 
state of the Middle Ages, in which numerous territories 
were loosely bound to the head of the state by feudal ties. 
(4) The national state, whose boundaries generally include 
one dominant people. The national state is the special pro¬ 
duct of Teutonic political genius, and is the form which 
most modern states have assumed. 

5 . Classification of Governments. It is possible to 
classify governments in a number of different ways, accord¬ 
ing to the principle of classification selected. Thus govern¬ 
ments may be classified as: ( 1 ) immediate or representa¬ 
tive; (2) limited or unlimited; (3) monarchic, aristocratic, 
or democratic; (4) hereditary or elective; (5) centralized or 
dual; ( 6 ) consolidated or coordinated; (7) presidential or par¬ 
liamentary. 

6 . Immediate and Representative Governments. Govern¬ 
ments may be distinguished as immediate or representa¬ 
tive, according as the state is or is not identified with the 
government. Most ancient governments were immediate, as 

* Ariatotle also recognized a perverted form of each type. Thus the perverted form of 
monarchy is the despotism; of aristocracy, the oligarchy; and of democracy, the ochlocracy 
(mob rule). 


SOME ELEMENTS OF POLITICS 


5 


is the British government to-day; that is, there is no organ¬ 
ization of the state apart from the government, identity or 
and it is through the government alone that the aoa-ideatity 
state acts. In representative governments, such with 
as Germany, France, and the United States, the 
government is merely representative of the state, the latter 
being distinct from the government and supreme over it. 
Hence in these three countries constitutional amendments 
can be adopted only by the state itself; while in Great 
Britain the constitution may be changed by the govern¬ 
ment. 

7 . Limited and Unlimited Governments. Governments 
may be classed as limited or unlimited, according as the 
constitution does or does not create a sphere of Extent 
individual liberty upon which government cannot mental™' 
encroach. This does not mean that unlimited gov- 
ernments are necessarily despotic, but simply that they may 
be. The governments of Great Britain, France, and Russia 
are all unlimited, since individual rights are not safeguarded 
through constitutional guaranties which the government 
cannot alter; yet only one of these governments could be 
characterized as despotic. Both the United States and 
Germany have limited governments, the United States 
having gone further than any other country in the matter 
of protecting individual liberty. 

8 . Monarchic, Aristocratic, and Democratic Govern¬ 
ments. Governments are monarchic, aristocratic, or demo¬ 
cratic, according as one or the few or the many are made 
eligible to hold office. Some governments are monarchic as 
to one branch, democratic as to another. The British govern¬ 
ment is monarchic as to the executive, aristocratic as to the 
House of Lords, and democratic as to the House of Com¬ 
mons. On the other hand, the governments of France and 
the United States are democratic in all branches; that is, 
practically all adult male citizens are eligible to all offices. 

9 . Hereditary and Elective Governments. Another 


6 


GOVERNMENT AND POLITICS 


principle in accordance with which governments may be 
classified is the tenure of the chief executive. Under heredi- 
Tenure governments, governmental authority is con- 

oi cwei ferred upon an individual by virtue of his birth. 

In most European countries, government is hered¬ 
itary, the eldest son of the deceased monarch ordinarily 
succeeding to the throne. In elective governments, the chief 
executive authority is vested in an individual who is elected 
to oflSce by those possessing the suffrage. Of this type are 
the governments of the United States and the American 
continent generally, as well as France and Switzerland. 

10 . Centralized and Dual Governments. Governments 
may also be distinguished as centralized and dual. Central- 
centraiized ized government is that form in which govem- 
govemment powers are vested primarily in a single 

central organization. No local divisions exist which possess 
original authority, or powers which cannot be taken away 
at the will of the central government. Most governments 
belong to this class, e. g., those of Great Britain, France, 
Italy, Spain, and Russia. 

Under dual government, authority is divided between two 
governments to a considerable extent mutually independent. 
Dual neither of which can lawfully encroach upon the 
government gp^erg of the other. Dual governments are of 
two kinds, confederate and federal, the former being often 
a transient form in the development of the latter. 

A confederate government is a mere league of sovereign 
Contedorate states, the central government possessing few 
powers. Historical examples are the Swiss Con¬ 
federation, the North German Confederation, and the 
United States under the Articles of Confederation. 

These confederations afterwards developed into states 
with the federal form of government (Switzerland, the 
Federal German Empire, and the United States). In each 
typo these countries two distinct governmental 

authorities have been created, each entrusted with certain 


SOME ELEMENTS OF POLITICS 


7 


functions and in many ways independent of the other. 
These are: (1) The central or national government, and 
(2) the governments of the several members of the union, 
known as cantonal governments in Switzerland, State gov¬ 
ernments in Germany and the United States. 

The division of powers between the national and State 
governments is one of the distinctive features of the Amer¬ 
ican system. This division is established by the Division 
federal constitution, which enumerates the powers 
of the national government, all others being reserved to the 
States or to the people. Those interests which concern the 
United States as a whole, such as foreign relations, national 
finance, foreign and interstate commerce, are entrusted to 
the national government; while the individual States regu¬ 
late those subjects which directly affect the citizen in his 
daily life, such as local government, education, property 
and contract rights, and criminal law. 

A further distribution of powers exists within each com¬ 
monwealth between the State government itself, and the 
various local governments (municipalities, school Local 
districts, townships, and counties). This division 
of powers is partly provided for in the State constitutions, 
but is chiefly a matter of legislative discretion. For this 
reason the powers of local governments are subject to fre¬ 
quent change, although generally local authorities are en¬ 
trusted with the maintenance of public order and the 
immediate personal care of the people of each community 
(including such interests as schools, poor relief, street¬ 
paving and lighting, water supply). 

II. Consolidated and Coordinated Governments. Con¬ 
solidated government is that type wherein the state entrusts 
all governmental powers to a single body. Coordinated 
government is the form in which such powers are distributed 
among separate departments (legislative, executive, and 
judicial), each having its own independent existence. 
France in the days of Louis XIV, Russia until recent 


8 


GOVERNMENT AND POLITICS 


years/ are examples of consolidated governments; but co¬ 
ordinated government is the form now almost universal 
among the great states of the world. 

In ancient times Aristotle had pointed out that the powers 
of government naturally fall into three groups, legislative. 
The three executive, and judicial. It was reserved for mod- 
departments writers — especially Locke in England and 
Montesquieu ^ in France — to demonstrate that this separa¬ 
tion of powers constitutes an all-important guaranty of 
individual liberty and free government. Montesquieu 
pointed to the British constitution as furnishing the best 
illustration of this separation and independence of govern¬ 
mental authorities; and it was the British constitution as 
thus conceived which furnished the precedent for our Amer¬ 
ican system of separation of powers.^ 

It is a familiar principle in American jurisprudence that to 
the legislature is entrusted the making of laws; to the execu- 
Punctions their enforcement or administration; and to 

of each de- the judiciary the interpretation of laws, that is, 
the final decision as to their meaning, application, 
and constitutionality. Each of these departments is an inde¬ 
pendent and coordinate branch of the government; and 
hence it follows that no department may lawfully usurp the 
functions of the others, or encroach upon their rightful 
spheres. 

Although the three departments of government are distinct 
and independent, in practice each exercises considerable 
Checks and indirect control over the others. This makes each 
balances ^ “check and balance’* upon the others, and en¬ 
ables each department to protect its own sphere from en¬ 
croachment. For example, only the legislature can raise and 

* The Russian legislature or Douma was called into existence in 1905. In theory at least 
the consent of this body is necessary to the enactment of laws. 

* Montesquieu’s great work, De VEsprit des Lois (the Spirit of the Laws), was first pub¬ 
lished in 1748. His famous discussion of the separation of powers and the check and balance 
of each upon the others is given in Book xi, ch. vi. 

* The subsequent development of the British government has resulted in the complete 
subordination of the executive to Parliament; so that the British constitution no longer 
illustrates the principle of division of powers among coordinate departments. 


SOME ELEMENTS OF POLITICS 


9 


appropriate money with which to carry on the government, 
or exercise the power of impeachment; the executive has a 
limited veto upon measures passed by the legislature; and 
the courts have the ultimate decision as to the constitution¬ 
ality of the acts of the other departments. 

12. Presidential and Parliamentary Governments. Fin¬ 
ally, with reference to the relation of the executive to the 
legislature, governments may be classified as presidential 
presidential or parliamentary. In presidential Kovemment 
government the executive is independent of the legislature. 
The chief executive is not chosen by the legislature, and that 
body cannot turn him out of office because of political disa¬ 
greement. Nor is the executive responsible to the legislature 
for his administrative policies and acts; he appoints his own 
cabinet of advisers, who are politically responsible not to the 
legislature but to him. Moreover he generally has the veto 
power whereby he may protect the executive sphere against 
legislative encroachment. Both the United States and the 
German Empire have presidential governments. 

Parliamentary government exists when the legislature is 
entrusted with the control of the administration. The 
legislature chooses the real executive (who often is paruamcnt- 
not the nominal one), and terminates the execu- arygovem- 
tive term at its own pleasure. Executive powers 
are exercised by a cabinet of ministers, generally the chiefs 
of the majority party in the legislature, who are politically 
responsible to that body alone. Hence whenever this cab¬ 
inet ceases to have the confidence of the legislature (in 
practice, of the lower house), the ministers must resign so 
that others may be chosen. Great Britain, France, Italy, 
and Austria-Hungary have parliamentary governments. 

13. Characteristics of American Government. The lead¬ 
ing characteristics of American government may now be 
summarized as follows: ( 1 ) American government is repre- 
sentative ; that is, the government is not supreme but acts for 
and in behalf of the people, who rule through their represent- 


10 


GOVERNMENT AND POLITICS 


atives. ( 2 ) It is limited; in both national and State consti¬ 
tutions the rights of the individual are carefully safeguarded 
against encroachment on the part of other individuals or of 
government itself. (3) It is democratic ; ehgibility to office is 
limited only by citizenship, age, residence, and sex. (4) It 
is elective; that is, the governmental officers are chosen 
by the votes of persons possessing the suffrage. (5) It is 
federal; that is, the state employs two governmental organ¬ 
izations, entrusting to the one general powers pertaining to 
the interests of the United States as a whole, and to the 
other, powers to be exercised on behalf of the people of each 
individual State. ( 6 ) It is coordinated; that is, the powers 
of government are distributed among legislative, executive, 
and judicial departments, each independent but coordinated 
with the others. (7) It is presidential; that is, the chief 
executive or president is not chosen by the legislature, nor is 
he responsible to that body for his political acts and policies. 
Such are the leading characteristics of the government de¬ 
scribed by a German writer, Von Holst, as “the greatest and 
freest republic of all time. ” ^ 

14 . The Functions of Government. To the question, 
“What are the functions of government?” no general an¬ 
swer can be given which will be true at all times or in all 
countries. Widely varying conceptions of what govern¬ 
mental functions ought to be are held by citizens of different 
states, and by citizens of the same state at different epochs. 
On the one hand, extreme individualists maintain that 
government activity should be limited to the protection of 
life and property, and the enforcement of contracts. Social¬ 
ists, on the contrary, urge that government should own the 
land and productive capital, and organize and manage all 
productive enterprises. Between these two extremes are 
many shades of opinion. The functions which a particular 
government undertakes will be determined largely by the 
popular attitude on the question of government activity; and 

» ConstUutional Law of the United States, p. 94. 


SOME ELEMENTS OF POLITICS 


11 


this popular attitude will itself be moulded largely by the 
state’s history and customs, its economic condition and 
interests. 

Certain activities are so vital to public welfare that all govern¬ 
ments undertake them, and these may therefore be Essential 
called the essential functions of government. They are *ttnctions 
as follows:— 

(1) The maintenance of order and the protection of persons 
and property. To this end, governments maintain police and 
militia systems, armies and navies. 

(2) The definition and regulation of property rights. This 
involves the enactment of laws concerning the holding, trans¬ 
mission, and inheritance of property, the determination of liability 
for taxes, debts, and fines, and the conditions governing the exer¬ 
cise of eminent domain. 

( 3 ) The determination of contract rights. 

( 4 ) The administration of justice in both civil and criminal 
cases.^ This includes the definition of legal rights and of crimes, 
the maintenance of courts and the enforcement of judicial process. 

( 5 ) The fixing of the legal relations between certain classes of 
individuals, especially between husband and wife, guardian and 
ward, master and servant, parent and child (the law of domestic 
relations). 

(6) The determination of the political duties, privileges, and rela¬ 
tions of citizens, including such matters as citizenship, suffrage, and 
elections. 

( 7 ) The control of the state’s international interests, including 
defense against external attack and the maintenance of diplomatic 
relations. 

There can be little dispute as to the necessity of the above-men¬ 
tioned functions, since these are the vital purposes to secure which 
governments are formed. There is greater difference 
of opinion with respect to the following optional func- 
tions, most of which are undertaken in greater or less 
degree by all modern governments: — 

(1) The regulation of trade and industry. Under this head are 
included control of commerce through trade and navigation acts; 
encouragement of industry by means of tariffs, bounties, and sub¬ 
sidies; regulation of labor, especially through factory legislation; 

^ Civil cases are those in which the individual, through his own action, invokes the aid of 
the court to secure legal redress; criminal cases are those which government prosecutes and 
punishes in its own name. 


12 


GOVERNMENT AND POLITICS 


enactment of bankruptcy laws; establishment of standard weights 
and measures; control of corporations; granting of monopoly priv¬ 
ileges, such as franchises, patents, and copyrights; equalization 
of the terms of competition by establishing maximum freight 
charges and interest rates. 

(2) The establishment and maintenance of useful public works, 
including postal facilities, coinage of money, consular service, 
collection of statistics, internal improvements (roads, bridges, 
canals, river and harbor improvements), electric-lighting plants, 
and waterworks.^ 

( 3 ) Education, involving the establishment and maintenance of 
schools, libraries, and art galleries. 

( 4 ) Sanitation, including the inspection of food products, licens¬ 
ing of certain trades, maintenance of waterworks and sewer 
systems. 

( 5 ) Care of the dependent and defective classes by the erection 
of asylums for paupers, the insane, and epileptics; also schools for 
deaf mutes and the blind. 

(6) Regulation of forestry, mining, and fisheries. 


GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), ch. i. 

Bagehot, Walter, Physics and Politics (1906). 

Black, H. C., American Constitutional Law (1897), chs. i-ii. 

Blimtschli, J. K., The Theory of the State (1901). 

Boynton, F. D., School Civics (1904), chs. i-ii. 

Burgess, John W., Political Science and Comparative Constitutional Law 
(1902), I, pp. 1-89; ii, pp. 1-40. 

Forman, S. E., Advanced Civics (1905), chs. i, iv-vi. 

Hinsdale, B. A., The American Government (1900), Introduction. 

Jenks, E., History of Politics (1900). 

Landon, Judson, The Constitutional History and Government of the United 
States (1905), chs. xvii-xviii. 

McClain, Emlin, Constitutional Jjaw in the United States (1905), ch. i. 
Pollock, Frederick, Introduction to the History of the Science of Politics 
(19()0). 

Sidgwick, Henry, Elements of Politics (1897). 

Willoughby, W. W., The Nature of the State (1896). 

- The Rights and Duties of American Citizenship (1898), part i. 

Wilson, Woodrow, The State (1906), ch. i. 

.Woodbum, James A., The American Republic and its Government (1903), 

chs. I-II. 

* Many European governments also own and operate electric and steam railways, tele¬ 
graph and express systems. 



SOME ELEMENTS OF POLITICS 


13 


QUESTIONS AND EXERCISES 

1 . Explain why government is necessary. Why is the study of govern¬ 
ment important to every citizen? 

2. What are some of the obligations of the individual toward govern¬ 
ment? Of government toward individuals? 

3. Distinguish between the Italian nation, the Italian state, and the 
Italian government. (Kaye, P. L., Readings in Civil Government, pp. 
3-9.) 

4. Name several nations which have established separate national gov¬ 
ernments in modern times. {Cambridge Modern History, xi; Bur¬ 
gess, John W., Political Science and Com-parative Constitutional Law, 
I, pp. 37-39.) 

5. Classify the governments of Great Britain, France, and Germany in 
accordance with the principles in Section 5. (Burgess, John W., Political 
Science, ii, pp. 21-40.) 

6 . Discuss the respective advantages of presidential and of parliament¬ 
ary governments; of centralized and of dual governments. (Burgess, 
John W., Political Science, ii, pp. 12-16.) 

7. Prepare a report upon the origin of representative government in the 
United States. (Kaye, P. L., ladings, pp. 26-30.) 

8 . Explain the meaning of constitutional government. (Kaye, P. L., Read¬ 
ings, pp. 9-15.) 

9. What are the respective merits and defects of written and of unwritten 
constitutions? 

10. What are the advantages of distributing governmental powers among 
three separate departments? 

11. Which of the optional functions mentioned in Section 14 are performed 
by our government? Do you think others should be included? 


CHAPTER II 


ORIGIN OF RURAL LOCAL GOVERNMENT 

15 . Relation of Local to State Governments. In a coun¬ 
try whose government is centralized, the national authority 
Diversity oi determines the form and attributes of the local 
locai^go^ governments; and hence in such states as Great 
emments Britain, France, and Italy, the system of local 
government is in large measure uniform in all parts of the 
country. On the contrary, under a federal government 
such as exists in the Un ted States, regulation of local 
government is left to the individual States, each of which 
decides for itself what local areas and authorities shall exist 
within its borders.^ Hence diversity instead of uniformity 
characterizes local government in this country, the systems 
established by the various commonwealths agreeing on some 
points, but differing on many others. 

In every commonwealth local government is administered 
through certain local agencies created by the State legisla- 
Dnai chai- which body they may be regulated, modi- 

actoroi local fied, or even entirely destroyed. ^ These local 
governments j^^ve a dual character: they are ( 1 ) agen¬ 

cies of the State government, which entrusts them with 
the local administration of certain pubhc or governmental 
functions; and (2) they are also organs designed to satisfy 
local needs and to regulate the internal affairs of particular 
districts. 

* In other words, “the American system is one of complete decentralization, the primary 
and vital idea of which is, that local affairs shall be managed by local authorities, and gen¬ 
eral affairs only by the central authority." — Cooley, Thomas M., Constitutional Limitations, 

p. 261. 

* But nearly all State constitutions contain important limitations upon the legislature’s 
power over local areas, as well as provisions designed to guarantee to the localities important 
rights of local self-government. 


ORIGIN OF RURAL LOCAL GOVERNMENT 15 


i6. Classification of Local Governments. Local govern¬ 
ments may be classified into two groups: (1) rural govern¬ 
ments, including the township and county (to- Rural and 
gether with their various subdivisions — school 
districts, election and road districts); and (2) urban govern¬ 
ments, including villages and cities. 

Of rural local governments there are three leading types 
in the United States: ( 1 ) the town or township type in the 
six New England States; ( 2 ) the county or county- ipypeg 
precinct type in the South, Southwest, and in the ot rural 
Far West; (3) the mixed or compromise type in 
the Middle, Central, and Northwestern States. These three 
types are a survival or reproduction of the three forms 
of local government which prevailed in colonial America; 
and the variety of types springs from original differences 
in the character and economic environment of the early 
settlers. 


i7« Origin of Town Government. Town government is 
New England’s contribution to American local government. But 
this form of government is much older than New Eng¬ 
land, older even than the English nation itself, for it was 
brought from northern Germany by those Teutonic 
tribes from the union of which the English people has sprung.^ 

The old English town, like its prototype the German mark, was 
surrounded by a hedge or fence (tun), and was originally inhabited 
by men united by the ties of common speech and relig- ^he early 
ion, and real or assumed kinship. “Hading abode by Englisli 
Hading, and Billing by Billing; and each ‘wick’ or 
‘ham’or‘stead’ or ‘tun’ took its name from the kinsmen who 
dwelt together in it. In this way the home or ‘ham’ of the Bil¬ 
lings was Billingham, and the ‘tun’ or township of the Harlings* 
was Harlington. ” ^ Thus the early town was the home of a clan 
which had given up a wandering mode of life and settled upon 
a definite tract of land. 

Common ownership and cultivation of the land was the striking 
feature of the town’s economic life. Each family had its dwelling 


* “ If we read the admirable work of Tacitus upon the manners and customs of the Teu¬ 
tons, we shall find that it was from them that the English derived their political system.” 
^ Montesquieu, Esprit des Lois, book xi, ch. 6. 

• Green, John Richard, History of the English People, book i, ch. 1. 


16 


GOVERNMENT AND POLITICS 


Oovenunent 


with a plat of ground, and ownership of this plat carried with it the 
right to cultivate a certain portion of the communal 
leatuiM** land, as well as the right of pasture in the undivided 
land or waste. 

The government of this community was thoroughly democratic. 
In the tun-moot or town-meeting, all the freemen assembled to 
enact by-laws,^ adjust disputes, and try petty offenses. 
Here also the chief officers of the town, the gerefa or 
head-man, the bydel or messenger, and the tithing-man were 
elected; and the orders of the higher authorities relative to such 
matters as taxation and the pursuit of criminals were carried out. 
Further, the town was the unit of representation for the larger 
areas of government. Certain villagers were sent to represent it 
in the assemblies of the hundred and the shire, ^ thus laying the 
foundation for the system of representative government which has 
since become characteristic of English institutions. 

i8. Historical Development of the English Town. Dur¬ 
ing the Norman period the town was known as the manor. 
Manor and was dependent upon some feudal lord. At a later 
and parish period the manor was called the “parish.” ^ 

The local legislature of the parish was the vestry-meeting, which 
corresponds to the tun-moot of Saxon days. The vestry-meeting 
Parish elected the parish officers, and had power to levy local 
government taxes and to enact by-laws. The chief officials of the 
parish were the church-wardens, who served as over¬ 
seers of the poor and also discharged financial functions; the con¬ 
stable, who acted as an executive officer for the purpose of serving 
warrants, making arrests, and collecting taxes; the vestry clerk, 
who was the prototype of the New England town clerk; together 
with numerous minor officials. In the execution of their duties, 
parish officers were under the supervision of justices of the peace. 

It was with the parish system of English local government as it 
existed in the first part of the seventeenth century that the New 
Inlluence England colonists were familiar; but they preferred to 
upon New call their new communities by the older term “ town,” 
th® word “parish” to denote an ecclesiastical 
area. Different conditions in the new world brought 
about many modifications, but on the whole the development of 


^ That is, town-laws: from the Danish hy, town. 

* The hundred was a local division which included a number of townships. The shire 
(later called the county) was a still larger local area containing a number of hundreds. 

* Ongpnally the parish was an ecclesiastical division for the collection of tithes; but its 
boundaries ordinarily coincided with those of the town or manor, and from 1580 to 1640, 

town” and “parish” were used in England as convertible terms. 


ORIGIN OF RURAL LOCAL GOVERNMENT 17 


American local government is a continuous process from English 
institutions of the seventeenth century. 

IQ* Origin of the County. The county, like the town, is an 
English institution transplanted to American soil. The Enghsh 
county or shire dates from the Anglo-Saxon invasion of 
Britain (a.d. 449-dOO), and in many cases denotes the from tie 
territory seized by one of the invading tribes. Thus EngUsi 
Essex, Middlesex, and Sussex are the districts origin¬ 
ally occupied by the West Saxons, Middle Saxons, and South 
Saxons; and Norfolk and Suffolk mark the lands held by the 
“North folk” and “South folk,” two tribes of the Angles. In 
the course of time several shires combined to form kingdoms, as 
Northumbria, Mercia, and Wessex; and finally the ruler of Wes¬ 
sex became king of aU England. The various shires then became 
subordinate parts of the new kingdom, although retaining import¬ 
ant powers of local government. In later times new shires were 
created as convenient administrative districts. Each shire included 
a number of hundreds and many townships. 

The principal officers of the shire were two, the ealdarman and 
the shire-reeve or sheriff. The ealdorman was appointed with the 
king’s sanction in the assembly of the nation {witen- 
agemot). The office tended to become hereditary, and 
often the ealdorman was the descendant of the royal 
family which had governed the shire in the days when it was an 
independent kingdom. The ealdorman sat in the shire-moot to 
declare the law of the land, and in time of war led the shire’s 
contingent of fighting men. The shire-reeve or sheriff was ap¬ 
pointed by the king to enforce the law and collect the national 
revenues within the shire. He was also president of the shire-moot. 

Each shire had its general assembly, the shire-moot, which met 
regularly twice a year. Its sessions were attended by representa¬ 
tives of the townships, and by the great landowners 
and public officers. The shire-moot was a court for the gjiixe-moot 
trial of important cases; and it was also the agency 
whereby, through the sheriff, the jurisdiction of the national gov¬ 
ernment was enforced. Thus the shire, like its successor the county, 
was both a self-goveming local organism and an administrative 
agent of the central authority. 

20. Later Development of the English Shire. The great 
merit of the government of Anglo-Saxon England was superseded 
the vigor of the local institutions: its chief defect, the 1)7 the 
weakness of the national authority. The institutional 
changes in the years following the Norman Conquest consisted 


18 


GOVERNMENT AND POLITICS 


chiefly in strengthening the national power at the expense of local 
divisions. The shire became the county and its shire-moot the 
county court. The sheriff with greatly increased powers remained 
as the king’s representative to execute the decrees of the court and 
to look after financial affairs; but the ealdorman was supplanted 
by the lord lieutenant, the king’s military representative in the 
county, in charge of its militia. 


21 . Establishment of Towns in New England. For a 

number of reasons the New England colonists settled in 
« small communities known as towns, instead of 

favoring scattering over larger areas. ( 1 ) The first New 
town Ufa England colonists were Puritans in religion, and the 
early settlements were made by church congregations, each 
headed by its minister. Such a group of people would natur¬ 
ally wish to have their houses near together so that all might 
worship at the common church. (2) The economic condi¬ 
tions also favored the development of towns. The New Eng¬ 
land coast is indented by many bays and harbors: the rivers 
are generally rapid and unfit for navigation: the sterile soil is 
not adapted to the cultivation of large estates. Hence many 
of the people settled on small farms, raising little more pro¬ 
duce than they themselves needed; while others engaged in 
commerce and fisheries, which likewise tended to close settle¬ 
ment. (3) Then, too, the Indian tribes were hostile, and it 
was easier to defend a compact community against sudden 
attack than a widely scattered population. (4) Finally, the 
influence of custom and tradition must not be overlooked. 
Many of the settlers were themselves townsfolk; they were 
influenced by the Teutonic traditions of local government 
later modified by English practice; and hence on meeting 
in this country the primitive conditions that existed in the 
early Teutonic environment, they established local com¬ 
munities remarkably like the ancient German mark. 

22 . Characteristics of Early New England Towns. The 
Economio New England town was usually located near the 
features seacoast Or on the banks of a river, and was sur¬ 
rounded by a stockade which served as a defense against the 


ORIGIN OF RURAL LOCAL GOVERNMENT 19 


Indians. The term “town” was apphed not only to the 
group of dwellings within the stockade, but included also 
the outlying rural area which was gradually brought under 
cultivation as the Indians were pressed back. As in the 
German mark, ownership of a “house-lot” carried with it 
the right to cultivate certain outlying fields, and to pasture 
cattle in the undivided land.^ Each town had its own 
church, and its blockhouse for defense against hostile at¬ 
tack. 

The government was a pure democracy, the residents 
coming together in town-meeting for the regulation of local 
affairs and election of officials. The governmental Town 
functions of the town included maintenance of fio^®™ment 
highways, care of the poor, support of public schools, assess^ 
ment and collection of taxes, organization of a local militia, 
election of a representative to the colonial assembly, and even 
the regulation in minute detail of the private conduct and 
affairs of the inhabitants. 

Such a community was in fact a miniature commonwealth 

exercising sovereignty over the persons and property within 

its limits. As the colonial governments were es- Relation to 

tablished, they claimed and exercised authority colonial 

• 11 govonunont 

over the towns, but the latter retained an almost 
complete control over local affairs.^ Counties were created 
chiefly as convenient judicial districts; and although they 
afterwards acquired other functions. New England counties 
have always occupied a distinctly subordinate position in 
local government as compared with the towns. 

23. Rise of the Southern County. Economic and social 
conditions in the Southern colonies were in marked contrast 
with those existing in New England, and hence institutional 

1 “Vestiges of the old Germanic system of common fields are to be found in almost every 
ancient town in New England.” — Adams, Herbert, The Germanic Origin qf New England 
Towns, Johns Hopkins University Studies, I, p. 73. 

* “In most of the New England colonies some of the towns were older than the central 
government; and in Connecticut and Rhode Island the latter was considered more as a feder¬ 
ation of towns than as a superior sovereign authority.” — Fairlie, John A., Local Govern¬ 
ment in Counties, Towns, and Villages, p. 21. 


20 


GOVERNMENT AND POLITICS 


development was naturally along different lines. ( 1 ) Th^ 
„ . , - Southern colonists were not Puritans, but Episco- 

economic palians: they did not come to America in groups of 
conditions from the same neighborhood, but as a mul¬ 

titude of individuals from various classes of society. ( 2 ) The 
Indian tribes at the South were comparatively peaceable, so 
that it was not necessary for the settlements to be close to¬ 
gether for mutual defense. (3) Finally, the economic con¬ 
ditions were such as to favor the scattering of population 
over a wide area. The soil was very fertile, the rivers slow 
and navigable, forming harbors far in the interior where 
English ships could exchange their cargoes of manufactured 
goods for American tobacco. The warm climate was favor¬ 
able to African labor; and the system of slavery once intro¬ 
duced spread rapidly. Large plantations were the rule, and 
a modified form of feudalism was created, authority being 
vested in the great landowners. The natural result of slavery 
was to degrade manual labor, thereby preventing the rise of 
a prosperous middle class; and an insurmountable social dis¬ 
tinction separated the plantation owners from the landless 
settlers. Thus an aristocratic type of society was devel¬ 
oped at the South as naturally as a democratic type in 
New England. 

24 . Government of the Southern County. As the houses 
of the planters were miles apart, it was necessary that the 
County governmental divisions should include a 

oSciau^ considerable area; and hence coimty governments 
modeled after the English county were created. 
General administration of local affairs was entrusted to a 
county court, commonly composed of eight justices. Be¬ 
sides exercising judicial powers, these officials supervised the 
local affairs of the county. Other officers were the sheriff, 
coroner, and county lieutenant, entrusted with duties simi¬ 
lar to those of the corresponding county officers in England. 
Nominally the governor appointed the justices and other 
principal officers; but in practice the justices themselves 


ORIGIN OF RURAL LOCAL GOVERNMENT 21 

nominated candidates, who were then commissioned by the 
governor. Thus the county court became a close corpora¬ 
tion or self-perpetuating body composed of the leading 
gentry of the county. 

25 . The Southern Parish. The English parish was repro¬ 
duced in the Southern colonies under the same name, but 
being overshadowed by the county, its functions subordinate 
were of slight importance. To the parish vestry 

was entrusted the assessment of local rates, appointment 
of church-wardens, and care of the poor. The vestrymen 
were at first elected by the people of the parish; but later 
they obtained the power to fill vacancies in their number, 
and like the county courts became self-perpetuating bodies. 
Ultimately the parishes became purely ecclesiastical divi¬ 
sions, the counties remaining the all-important units of 
local administration. 

26 . Contrast between New England and Southern Sys¬ 
tems. Thus in several respects, the local government of the 
Southern colonies presents a striking contrast to 

that of New England. First, it was less demo- important 
cratic. In New England the people in town- 
meeting managed local affairs and chose their local oflScials; 
while at the South the governing authority was vested in 
the leading planters of each county, who through the gov¬ 
ernor dictated the appointment of county officers. Second, 
the Southern county was the unit for local administration as 
well as for representation in the colonial assemblies; while 
in New England the town was the unit for both purposes. 
But the Southern coimties were not such important organs 
of local government as the towns. The New England State 
has been called a combination of towns; but the Southern 
State was a political whole whose local divisions possessed 
little independent life, having been created chiefiy for conven¬ 
ience in judicial and financial administration. 

27 . Township-County System of the Middle Colonies. 
In the Middle Colonies ^ economic conditions were favorable 

1 New York, New Jersey, Pennsylvania, Delaware, and Maryland. 


22 


GOVERNMENT AND POLITICS 


to either the town or the county system of local govern- 
Aoompro- ment. This region has a rich soil and also fine 
mise type seaports which invited to commerce. Hence fiour- 
ishing towns arose with interests quite different from those 
of the surrounding rural population. Gradually there de¬ 
veloped a mixed or compromise type of local government 
known as the township-county system, which aims at a par¬ 
tition of powers between the town and the coimty. Thus in 
pohtical organization, as in geographical position, the Middle 
Colonies were midway between the town system of New 
England and the county system of the South. Local govern¬ 
ment in the Middle Colonies is especially important because 
of the profound influence which its township-county system 
was destined to exert upon the local institutions of the 
Central and Northwestern States. 

GENERAL REFERENCES 

Adams, Herbert B., The Germanic Origin of New England Towns, Johns 
Hopkins University Studies (1883), i, no. 2. 

Bryce, James, The American Commonwealth (1908), i, ch. XLvm. 
Channing, Edward, Town and County Government in the English Colonies of 
North America, Johns Hopkins University Studies (1884), ii, no. 10. 
Cleveland, F. A., The Growth of Democracy in the United States (1898), ch. 

III. 

Fairlie, John A., Local Government in Counties, Towns, and Villages (1906), 
chs. i-iii. 

Fiske, John, Civil Government in the United States (1904), chs. n-ni. 
Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 162-177. 
Green, John R., History of the English People (1900), i, book i, ch. i. 

Hart, A. B., American History told by Contemporaries (1906), n, ch. xi, nos. 
75-79. 

- Practical Essays on American Government (1893), nos. 6, 7. 

Howard, G. E., An Introduction to the Local Constitutional History of the 
United States (1889). 

Montague, F. A., The Elements of English Constitutional History (1894), 
chs. i-iv. 

Thwaites, R. G., The Colonies (1895), pp. 55-58, 192-193. 

Tocqueville, Alexis de, Democracy in America (1898), i, ch. 5. 

Wilson, Woodrow, The State (1906), secs. 287, 938-951,1033-1049. 



ORIGIN OF RURAL LOCAL GOVERNMENT 23 


QUESTIONS AND EXERCISES 

1. Summarize the advantages and disadvantages of a decentralized sys¬ 
tem of local government. (Section 15.) 

2. Illustrate the dual character of local governments: (a) by giving ex¬ 
amples of public or governmental services which they perform; (b) by 
citing examples of local affairs entrusted to their control. 

3. Which of the three systems of local government named in Section 16 
prevails in your State? 

4 . Draw an outline map of your State, and mark with different colors the 
boundaries of the county m which you live, and also the boimdaries 
of the townships (or towns) within your county. 

5. Write a brief history of the county in which you live. 

6. Give the area and population of your county. 

7. How many counties are there in your State? Name the five counties 
having the largest population at the latest census. Name the five 
counties having the largest area. 

8. What is the county seat of your county? Is it centrally located? Is it 
the largest city in the county? 

9. Visit your courthouse and other county buildings, note the uses to 
which they are put, and prepare a class report upon any facts thus 
learned. 

10. Show the antiquity of some features of town government in New 
England. 

11. Look up the meaning of ham, wick, and stead. Think of towns whose 
names contain these words; also of towns whose names contain the word 
ton or tun. 

12. Write a brief history of the town (or township) in which you live. 

13. What is the area of your town or township? Its population? 


CHAPTER III 


STRUCTURE AND FUNCTIONS OF RURAL LOCAL GOVERNMENT 

28. General Features of New England Towns. In exam¬ 
ining the present structure of rural local governments, we 
shall commence with the New England town,^ which is the 
all-important local unit in the six New England States. The 
town, it must be remembered, is a rural, not an urban com¬ 
munity.^ New England towns are generally irregular in 
form, with an area of from twenty to forty square miles. 
The population averages under 3000 . The town is some¬ 
times an agricultural, sometimes a manufacturing commun¬ 
ity; and not infrequently both industries are carried on, 
this diversity in industrial life often causing discord in town 
politics. Communal property rights — the striking feature 
of the early town’s economic life — have been abandoned 
as unsuited to modern economic conditions; but the chief 
political characteristic of the ancient town — local self- 
government through a popular assembly — has been re¬ 
tained. 

29. Important Elements in Town Government. The two 
most important elements in town government are the town- 
The town- meeting and the board of selectmen. The town- 
meeting meeting is an assembly of the quahfied voters 
held regularly once a year, usually in the spring.^ Special 
meetings are called from time to time as occasion de¬ 
mands. The meeting is summoned by a warrant notifying 
the voters to meet at a certain time and place to transact 

* Usually called township outside of New England. 

* But many towns are at least semi-urban, and others which may be classed as urban 
(with a population exceeding 8000 ) have retained their early form of town government in¬ 
stead of incorporating as villages or cities. 

* Except in Connecticut, where the annual meeting generally comes in October. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 25 


the business specified in the warrant. Meetings are held in 
the town hall if there is one, otherwise in some church or 
schoolhouse. A moderator presides, and the town clerk acts 
as secretary. 

The most important functions possessed by this body are 

(1) that of local legislation, and (2) of electing the town 

officials. As a legislative body the town-meeting 
, . ^ Functions 

has power to enact by-laws regulating local affairs, 

including local finance, schools, poor relief, highways, pub¬ 
lic works and institutions, police, and sanitation. At each 
annual meeting, the town officers report in detail as to their 
administration of the town’s affairs, and submit estimates 
of the funds needed for the ensuing year. The town-meet¬ 
ing then discusses the report,^ determines town polieies for 
the following year, votes taxes for local purposes, and elects 
the town officers.^ 

Of the town officers, the most important are the select¬ 
men,® an executive board of from three to nine members, 
generally chosen for a term of one year. This Town 
board is charged with the general supervision of 
town affairs under authority conferred by statute or by the 
town-meeting. Other officers are the clerk, who keeps the 
town records, issues marriage licenses, and registers vital 
statistics; the treasurer, collector of taxes, assessors, con¬ 
stables, school committee, highway officers, overseers of 
the poor, library and cemetery trustees, and many others. 

In addition to their local duties, town officers act as 
agents of the State government for the assessment and col¬ 
lection of State taxes, enforcement of election and health 
laws, and other important services. 

30. The New England County. In its origin the New 
England county was an aggregation of towns for judicial 
purposes; and although it has since acquired other func- 

» The most characteristic feature of the town-meeting is the lively and interesting debate, 
which affords a valuable political training. 

2 Formerly representatives to the State legislature were chosen in town-meeting, but now 
they are generally chosen from districts at the regular State election. 

3 In Rhode Island known as the town council. 


26 


GOVERNMENT AND POLITICS 


tions, it is still primarily a judicial district in which civil and 
criminal courts are held, some by county, others by State 
judges.^ Of late years the county has gained ground as an 
administrative unit, although still occupying a subordinate 
position in local government. 

In each county the people elect a sheriff, who is the 
principal executive officer attached to the court; also a 
County prosecuting attorney, clerk, treasurer, and a board 
officers Qf county commissioners, generally consisting of 
three members elected at large.^ The commissioners have 
charge of the county buildings (such as courthouses, jails, 
and in some States, poorhouses). They estimate the amount 
of taxes needed to defray county expenses, and apportion this 
amount among the various towns and cities by which it is 
levied.^ Only in this last respect does the county exercise 
control over the towns. 

31. The Southern County. The Southern county was 
originally established as a judicial division in which courts 
were held, and as a financial district for the collection of 
State taxes. Other functions have been gradually acquired 
until to-day the Southern county has general charge of most 
local affairs, including schools, the maintenance of jails 
and poorhouses, and the construction and repair of bridges 
and highways. 

General administrative authority over county affairs is 
vested either in a county court or in a small board of com- 
Oounty missioners, members of which are chosen by the 
officers voters. Other county officers are the assessor, col¬ 
lector, auditor, treasurer, superintendent of education, over¬ 
seers of roads, superintendent of the poor, clerk, recorder, 
surrogate; also county judges, a sheriff, coroner, and pro¬ 
secuting attorney (the last-named officer sometimes acting 
for a judicial district including several counties). All of 


* In Rhode Island there are no county officers other than judicial. 

* In Connecticut the commissioners are chosen by the State legislature. 

^ In New Hampshire and Connecticut the commissioners do not exercise the power of 
taxation or of making appropriations. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 27 


these oflBcers are elected by popular vote, for terms varying 
from one to four years. 

32 . Minor Local Divisions in the South. Practically all 
the functions of local government are monopolized by the 
Southern county.^ The smaller local divisions have very 
limited powers, and their officers are generally controlled by 
county authorities. Townships were established in Virginia, 
West Virginia, North Carolina, and Alabama by the recon¬ 
struction legislation following the Civil War; but they were 
soon afterwards entirely abolished, or reduced to precincts 
for the election of constables and justices of the peace. 
School districts exist in all of the Southern States, but pos¬ 
sess slight powers of local taxation or administration. 

33 . Township-County System of Local Government. 
The westward movement of population in this country has 
been generally along parallels of latitude. Thus westward 
the Southwest has been peopled largely by set- “israUon 
tiers from the Southern States, who carried with them the 
county system of local government; while men from New 
England and the Middle States emigrated to the Middle 
West and Northwest, and established there the township- 
county system of local government, also called the mixed or 
compromise system because it is a compromise between the 
local institutions of New England and those of the Middle 
States. 

Under this plan the functions of local government are 
divided between county and township, both units cooperat¬ 
ing in the work of administration. The county compromise 

is relatively less important than at the South, the Plan of loc^ 
. 1 government 

township less important than m New England. 

This form of local government prevails throughout the great 
group of States extending from New York to Nebraska, 
which together contain more than half the entire population 
of the country. The township-county system is therefore 
the most representative type of local government in the 
United States. 

J In Louisiana the division corresponding to the county is called a parish. 


28 


GOVERNMENT AND POLITICS 


34. Origin of the Township in the West. Township govern¬ 
ment in the Middle West dates from the Ordinance of 1785,^ pro- 
Land ordln- viding for the survey and sale of the lands ceded to the 
anceol federal government by the several States and by certain 
Indian tribes. In accordance with the plan of survey 
adopted, the public domain was divided into tracts six miles square, 
which were designated by the New England name of townships. 
For purposes of record and sale, each township was divided into 
thirty-six sections, each containing one square mile or 640 acres, 
the sections being subdivided into tracts of 160, 80, and 40 acres. 

Judged by its economic results, the Ordinance of 1785 is one of 
the most important administrative measures ever adopted. Its 
Economic simple and accurate method of survey was of the great- 
results est convenience to settlers and facilitated the rapid 

peopling of the new territory. The western pioneer could read¬ 
ily and accurately locate his claim or homestead without requiring 
the services of a surveyor. Furthermore the land was sold at a 
nominal price to settlers who perfected their titles by residing on 
and cultivating their homesteads. 


35. Development of the Congressional Township. Of al¬ 
most equal importance were the political effects of the ordinance. 
A municipal The government surveyor had given the name and 
tody In defined the territorial limits of an area destined to be- 
emtryo come a political unit. “Manifestly the‘congressional* 
township, though as such absolutely devoid of organization, is 
nevertheless a municipal body in embryo requiring but slight 
encouragement to develop into a living body.” ^ 

That encouragement was furnished by another provision of the 
ordinance. The germ of future civil organization was the require- 
Land for ment that in every township one section of land should 
schools support of public schools. This 

was the sixteenth section, near the center of the town¬ 
ship; and by a later act (1848), the thirty-sixth section in the south¬ 
east corner was also reserved. All revenue derived from this land 
by sale or otherwise was to constitute an inalienable fund for school 
purposes. 

When a new State was formed out of this western territory, the 
county plan of local government was first adopted, since that form 
is cheaper and better suited to a scattered population. But since 
in each township land had been reserved for the public schools, it 
naturally followed that the township was made a body corporate 


* In 1784 Congress adopted an ordinance drafted by Jefferson, providing a temporary 
plan of government for the western territory. 

* Howard, G. E., Local Constitutional History oj the United States, p. 140. 




ROAl)-:MAKIXCr 

Two views of the same road at Johnson City, Tenn., showing its condition before 

and after macadamizing. 












FUNCTIONS OF RURAL LOCAL GOVERNMENT 29 


and politic for school purposes, its inhabitants being authorized 
to elect school officers and maintain free schools. Since the school- 
house in the center of the township affords a convenient place for 
the citizens to vote for State and national officers, the congres¬ 
sional township, already organized for school purposes, next be¬ 
comes an election district. Then as the population in- Develop- 
creases and the volume of public business grows larger, ment ol civil 
the need is felt for a governmental area smaller than the 
county to look after such matters as the preservation of order, the 
building of highways, and the care of the poor; and so to the town¬ 
ship is entrusted the election of constables, justices of the peace, 
superintendents of highways, and overseers of the poor. “In this 
way a vigorous township government tends to grow up about the 
schoolhouse as a nucleus, somewhat as in early New England it 
grew up about the church.” ^ 

36. Differentiated Types of Township-County System. 

Two forms of this township-county government have developed, the 
difference in type being partly due to diversity in the Origin of 
original population. In the southern tier of the Central 
States, where the early settlers were largely from the Middle 
States and the South, the importance of the county has been 
emphasized; while in the northern tier, where New Englanders 
formed a larger element among the early inhabitants, the position 
of the township is more important. These two forms of the com¬ 
promise plan of local government are sometimes called the county- 
precinct type and the township-county type, the former empha¬ 
sizing the position of the county, the latter that of the township. 

The first of these types, in which the county is relatively more 
important, arose in Pennsylvania, and has since been adopted with 
modifications in Ohio, Indiana, Iowa, Kansas, and Mis- County-pr®- 
souri. In these States there is no town-meeting nor are 'TP® 
the townships represented on the county board. In general the 
position of the township is one of strict subordination to county 
authority. 

The second type, where the township is more conspicuous, pre¬ 
vails in New York, New Jersey, Michigan, Dlinois,^ Wisconsin, 
Nebraska, Minnesota, and the Dakotas. In all these Township- 
States the town-meeting exists, while five of them — county typo 
New York, New Jersey, Michigan, Illinois, and Wisconsin — fol¬ 
low the so-called New York plan whereby the townships are re¬ 
presented on the county board. 

* Fiske, John, Civil Government in the United States, p. 87. 

* Except in seventeen counties in the southern part of the State, which have no township 
organization. 


30! 


GOVERNMENT AND POLITICS 


Election of 

township 

officers 


37 . The Town-Meeting in the Central States. In the 

second group of States named above (where the township 
Annual more highly developed as a local organ- 

and special ism), the town-meeting is the center of local polit- 
meeungs although its authority is less than in New 

England. In this meeting all qualified voters of the township 
are entitled to participate. The annual session is generally 
held in March or April, special meetings being called by war¬ 
rant as occasion requires. The meeting organizes by electing 
a moderator,^ the town clerk generally acting as secretary. 

At the annual meeting, the next business after organiza¬ 
tion is the election of township officers for the ensuing year. 

The officers are chosen by ballot, and generally 
consist of a supervisor, clerk, treasurer, assessor, 
and overseers of highways, all elected for one year; 
and two or more constables and justices of the peace, elected 
for terms varying from two to five years. 

Besides its power to elect local officers, the town-meeting 
has important legislative powers. Numerous matters that 
Legislative are local in character, affecting only the township, 
powers s^jbject to the control of the people in town¬ 

meeting. They may make orders concerning the disposition 
of township property; authorize taxes for roads, bridges, 
schools, or other lawful purposes; vote to institute or defend 
suits at law; receive the annual report of township officers 
charged with the disbursement of money, and direct these 
officers in the performance of their duties; and generally 
may enact such by-laws as are deemed conducive to the 
peace, welfare, and good order of the township. 

38 . The Supervisor and the Township Board. In New 
England general executive authority concerning township 
General ad- ^^^.irs is lodged in the selectmen. In a number of 
miMstxative the Central States similar authority is vested in a 

township board; ^ while in others a double head- 


^ In New York, Michigan, and Wisconsin, one of the township oflBcers is ex qfficio chair¬ 
man. 

* As in Pennsylvania, Ohio, Iowa, Minnesota, and the Dakotas. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 31 


ship exists, administrative authority being divided between 
the township board and a supervisor or trustee.^ 

The supervisor or trustee has general charge of the town¬ 
ship business. He receives and pays out all funds belonging 
to the township, makes an annual report upon township 
financial affairs to the town-meeting, serves in some supervisor 
States as ex officio overseer of the poor, and has * ** 
other clerical and executive duties.^ 

The township board is variously constituted in the differ¬ 
ent States.® The powers of this board vary greatly, but its 
primary duty is to audit the accounts of the town- 
ship officers, and pass upon all claims against the township 
township. Other important duties are often per¬ 
formed, especially in the States in which there is no single 
head officer of the township. 

39. Other Township Officers. The clerk is custodian of the 
township’s records, books, and papers, besides acting as secretary 
of the town-meeting, and as clerk of the township board., 

The treasurer has charge of the township funds, and treaouror, 
frequently is also ex officio collector of taxes for State 
and county as well as township purposes. Usually 
all taxes. State as well as local, are assessed by the township 
assessor; and this officer is also required in some commonwealths 
to take an annual census of the inhabitants of his district, and 
to keep a record of births and deaths. All these officers are 
elected by the voters of the township. 

Poor relief is for the most part a county function in the Central 
States, although the townships commonly cooperate in 
the work.^ Generally the township trustees act ex officio 
as overseers, their duties being mainly confined to 
granting temporary relief or deciding what persons are entitled 
to admission to the county almshouse. 

* This plan prevails in New York, Missouri, Kansas, Wisconsin, Michigan, Illinois, and 
Nebraska. 

* In those commonwealths which have adopted the New York plan whereby the town¬ 
ships are represented on the county board, he is a member of that board and hence also 
a county oflBcer. 

* In New York, Michigan, Illinois, and Nebraska, it consists of the supervisor, clerk, and 
the justices of the peace; in Pennsylvania, of two or more supervisors; in Ohio and Iowa, of 
three trustees; in Minnesota, Wisconsin, and the Dakotas, of three supervisors; in Indiana, 
of three freeholders specially elected for this purpose. 

* In Pennsylvania, New York, and New Jersey, overseers of the poor are elected in the 
townships and have important duties. 


32 


GOVERNMENT AND POLITICS 


Overseers of the highways are generally elected or appointed 
from subdivisions of the county known as road dis- 
hlgiways tricts. These officers are charged with the maintenance 
of the highways, and are accountable to the township 
or county board. ^ 

Each township elects from two to five justices of the peace. 
Justices of usually two constables. The justice is both a con- 

the peace servator of the peace and a magistrate with limited 

Sables ' criminal jurisdiction. The constable is the 

local peace officer, and the ministerial officer of the 
justices’ court. 

40. The School District. School districts in the Central States 
are local corporations distinct from the township; but they gener¬ 
ally correspond in area with the township or else are subdivisions 
thereof. In about half of the Central States, the voters in each 
school district hold meetings, similar to the New England town- 
meetings, for the purpose of electing school officers and levying taxes 
for school purposes. The officers or trustees in charge of district 
schools are generally three in number, elected for terms varying 
from one to four years. Where there are no school-meetings of the 
voters, these officers have full control; while in States having such 
meetings, the trustees carry out the policies adopted and manage 
the details of school affairs. 

41. Organization of County Board in the Central States. 
After Ohio was admitted to the Union (1803), her county 
Commis- officers were made elective; and to the officials 
sioner formerly appointed ^ were added a surveyor, 

auditor, prosecuting attorney, assessor, and a 
board of three elective commissioners. In this board was 
vested the general administrative authority formerly exer¬ 
cised by the justices in quarter sessions. Upon attaining 
statehood, Indiana and Illinois adopted a similar type 
of county government with elective officers and a board of 
commissioners. 

In Michigan a different type of county government de¬ 
veloped. In 1827 the small board of county commissioners 

In Michigan, Indiana, and Illinois, a commissioner of highways is chosen for the gen¬ 
eral supervision of the roads and bridges of the township, and the district overseers are 
accountable to him. 

* These were the sheriflF, coroner, treasurer, recorder of deeds, judges of probate and of 
common pleas court, and justices of the peace. 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 33 


was abolished, and the New York system adopted, in ac¬ 
cordance with which the county board is com- supervisor 
posed of the township supervisors.^ system 

The constitution of the county board largely determines 
the character of county government, and we have now 
traced the origin in the Middle West of the two comparison 
general types of county organization. One group two 
of States, following the example of Pennsylvania 
and Ohio, have organized the county upon the commis¬ 
sioner plan ,2 under which the supervising authority is cen¬ 
tralized in a small board of from three to seven members; 
another and smaller group, following New York and Mich¬ 
igan, have adopted the supervisor system,^ whereby similar 
powers are vested in a larger assembly of township repre¬ 
sentatives. 

42 . Functions of the County Board. The authority of 
the county board varies, being greatest in those common¬ 
wealths having the Pennsylvania plan, and least in those 
where the New York system prevails. But in all the Central 
States it possesses considerable powers. The most important 
may be grouped under five heads. 

(1) The erection and maintenance of public works, such as the 
courthouse, jail, and other county buildings, the construction of 
bridges, and some control over highways. 

(2) Poor relief, including the issuing of warrants for expenses 
incurred by local overseers, employment of a county physician and 
a superintendent of the poor, and maintenance of a poor-farm. 

(3) The administration of finance and taxation, including the 
audit of accounts of county officers, levy of county taxes,® and 
equalization of township assessments. 

(4) A limited degree of supervision over elective county officers, 

* Michigan was the first State west of the Alleghanies to adopt the New York plan. 

* The commissioner plan prevails in Pennsylvania, Ohio, Delaware, Maryland, Indiana, 
Iowa, Minnesota, North Dakota, South Dakota, Kansas, and Nebraska. 

® The supervisor plan prevails in New York, New Jersey, Michigan, Wisconsin, and 
throughout the greater part of Illinois. 

* In rural counties, boards of supervisors usually consist of from fifteen to twenty-five mem¬ 
bers; in counties containing cities the number is higher, sometimes reaching fifty. 

® The taxing power is usually limited to authorized purposes and restricted by a maximum 
rate. The principal items of county expenditure are for courts, roads and bridges, and poor 
reUef. 


34 


GOVERNMENT AND POLITICS 


such as approval of their bonds and examination of their ac¬ 
counts. 

(5) Certain duties in regard to elections, including the establish¬ 
ment of polling-places, issuing of ballots, and canvass of election 
returns. 

43 . The County’s Judicial Officers. In many States, each 
county elects a judge, often called a probate judge, who has 
County and original and exclusive jurisdiction in matters of 
chSon* probate, administration, and guardianship. Pre¬ 
judges quently the voters of the county elect judges 
for a court of general jurisdiction; but generally judges of 
these courts are chosen from districts which include several 
counties. 

The chief executive officer of the county court is the 
sheriff, who is also the general conservator of law and order 
The within the county. In case of need, the sheriff has 

sherifi rigjit to call upon citizens to aid him in enforc¬ 

ing the law (that is, may summon the 'posse comitatus ); or 
if the emergency warrants, he may ask the governor to send 
the State militia to the county. The sheriff is chosen by the 
voters,^ commonly for a term of two years. 

The prosecuting attorney ^ is the officer elected to conduct 
criminal prosecutions, also to represent the county in civil 
Prosecuting general to act as its legal adviser, 

attorney and Another elective official is the coroner,^ who with 
the aid of a jury investigates the cause of mysteri¬ 
ous or violent deaths. 

44 . Financial and other County Officers. The treasurer is 
custodian of the county funds, and generally ex officio col¬ 
lector of county and State taxes. The money thus 
collected is placed in different funds, as the general 

fund, school fund, and so forth. The treasurer is commonly 
elected by the voters. Two years is the usual term, and the 
State constitution frequently provides that no person shall 
serve for more than four years in succession. 

* Except in Rhode Island, where this officer is chosen annually by the general assembly. 

* Also known as State’s attorney, district attorney, county attorney or solicitor. 

In IMassachusetts an appointive officer, the medical examiner. 


Treasurer 


FUNCTIONS OF RURAL LOCAL GOVERNMENT 85 


The most important administrative officer is the county 
clerk, or auditor as he is known in some States. He is secre¬ 
tary of the county board and custodian of all re- 
cords; and he acts as a check upon the county cleric 
treasurer, keeping an account of all receipts and 
expenditures, and countersigning warrants drawn upon the 
treasurer. In several commonwealths he also acts as clerk 
of the courts, while elsewhere a special officer is chosen for 
this duty. 

Taxes are generally assessed by precinct or township 
officers and equalized by some county authority; but a 
county assessor is elected in a number of States.^ 

Other county officers are the recorder or register county 
of deeds; the clerk of the district or circuit court; 
the county land surveyor; county boards of health; and (in 
some States) a county superintendent of schools, who is 
entrusted with the general oversight of the county school 
system. 

45 . Local Government in the Western States. In the 
States of the Far West as in the South, the county is the all- 
important unit of local government. Western 
county officers correspond in general to those of western 
the Central States. The county boards usually 
consist of three commissioners, who have general admin¬ 
istrative authority, including power to establish school and 
road districts. 

Within the county’s subdivisions — generally called pre¬ 
cincts, one or more justices of the peace and constables are 
chosen by the voters. Owing to the sparse and Minor 
scattered population throughout most of this re- 
gion, these areas perform few functions as compared with 
the townships of the Central States. 

1 Including Missouri, Washington, California, Oregon, Nevada, Colorado, Wyoming, and 
the Dakotas. 


36 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1902), ch. xx. 

Beard, C. A., American Government and Politics (1910), ch. xxix. 

- Readings in American Government and Politics (1910), ch. xxix. 

Bryce, James, The American Commonwealth (1908), i, chs. xlviii-xlix. 

Cooley, Thomas M., Constitutional Limitations (7th ed., 1903), ch. viii. 

Fairlie, John A., Local Government in Counties, Towns, and Villages (1906), 
chs. iv-xvi. 

Fiske, John, Civil Government in the United States (1904), ch. iv. 

Forman, S. E., Advanced Civics (1905), chs. xxvi-xxviii. 

Goodnow, F. J., Comparative Administrative Law (1903), pp. 178-192. 

Hart, A. B., Actual Government (1903), ch. x. 

Hinsdale, B. A., The American Government (1900), ch. lv. 

Howard, G. E., An Introduction to the Local Constitutional History of the 
United States (1889). 

Monographs on Local Government—Johns Hopkins University Studies, 
Series i, nos. 3, 5, 6,12 (Illinois, Michigan, Maryland, South Carolina); 
II, no. 7 (Iowa); iii, nos. 2-3 (Virginia); iv, nos. 2-3 (Rhode Island); 
VIII, no. 3 (Wisconsin); XI, nos. 11-12 (South Carolina); xii, no. 3 (North 
Carolina). 

Wilson, Woodrow, The State (1906), secs. 1209-1259. 

QUESTIONS AND EXERCISES 

(Questions 1-8 are for pupils living in New England.) 

1. How many towns in your State? What is the population of the larg¬ 
est? Of the smallest? 

2 . Does town government in New England tend to decrease in import¬ 
ance? 

8 . How many representatives has your town in the legislature? Has this 
apportionment been made in accordance with the population of the 
town? 

4. Prepare an account of your town-meeting, discussing the following 
topics: (a) how composed; (b) method of calling same; (c) how con¬ 
ducted; (d) functions, including election of town officers, making of 
appropriations, enactment of by-laws. 

5 . Organize the class into a town-meeting, and discuss live local questions 
in accordance with articles in a warrant. 

6 . Describe the board of selectmen of your town, giving their names, 
term, and functions. 

7. Give the same facts concerning the^other executive officers of your 
town. 

8 . What local courts exist in your town, or in districts including several 
towns? What cases do they try? 

(Questions 9-15 are for pupils living in the Central, and Middle-Western States.) 

9. How many townships in your county? Name them. 

10 . Does the system of local government in your State belong to the 
county-precinct type, or to the township-coimty type? (Section 36.) 

11 . If there is a township board, give the number of members, term, and 
functions. 



FUNCTIONS OF RURAL LOCAL GOVERNMENT 37 

14. If supervisory authority is vested in a single officer, give his title, term, 
and powers. 

13. If there is a town-meeting, answer question 4, above. 

14. Give the names, term, and functions of other township officers. 

15. How are justices of the peace chosen? What cases are tried before 
them? 


(Questions 16-17 are for pupils in the South and Far West.) 

16. What is the name of the subdivision of the county corresponding to the 
township in the Central States? 

17. Give the names, method of selection, and functions of the officers 
chosen within this area. 

(The remaining questions are for pupils in all sections.) 

18. Which of the following public or governmental functions are per¬ 
formed by your county? (a) Administration of justice; (b) collection 
of State taxes; (c) holding of State elections; (d) probating of wills; 
(e) recording of land titles. 

19. Which of the following functions pertaining to local needs are per¬ 
formed by your coxmty? (a) Levy and collection of local taxes; (b) ad¬ 
ministration or supervision of schools; (c) construction and main¬ 
tenance of local public works; (d) administration of charities and 
corrections; (e) holding of local elections; (f) enactment of local pohce 
regulations. 

20. Prepare an outline showing all the functions performed (a) by your 
town or township; (b) by your county. 

21. Are your roads laid out and maintained by the county or township? 
What was expended for this purpose last year? Are they well improved 
and cared for? Should the State aid in road-making? 

22 . Does your county elect a county judge? Or is this officer chosen by 
a judicial district including several counties? 

23. For what term is the county judge chosen? What cases does he try? 

24. Is there a probate judge in addition to the county judge? Over what 
matters has he jurisdiction? 

25. Who is the sheriff of your county? How chosen? Term? Authority? 

26. Other judicial officers of the county generally include a coroner, pro¬ 
secuting attorney, and clerk of the court. Give the names, method 
of selection, term, salary, and duties of each. 

27. Legislative authority in county affairs is commonly exercised by a 
county board. Does your board belong to the Pennsylvania type or to 
the New York type? (Section 41.) 

28. How many members compose your county board? How are they 
chosen, and for what term? Describe their powers. 

29. Give the method of choosing, term, and duties of each of the following 
officers (if found in your county): clerk or auditor, treasurer, recorder 
or register of deeds, surveyor, assessor. 

30. Give the same details concerning any other officers in your county not 
included in this list. 

31. Are your county officers paid by fees or salaries? By whom is their 
remuneration determined? Which are the most lucrative offices? 

32. Are the representatives in your State legislature apportioned by 
counties? 


CHAPTER IV 


MUNICIPAL DEVELOPMENT 

46 . Definition of City. If we analyze our conception of 
the term city, we shall find that it includes at least three 
essential elements: ( 1 ) a considerable number of people, who 
(2) occupy a definite and compact territory, and (3) possess 
a local government organized with especial reference to their 
social and economic condition. Hence a city may be defined 
as “a populous community inhabiting a definite, compactly 
built locality, and having an organized public authority.” ^ 

Like rural local governments, the city has a dual character, 
being an agent of the State government as well as an organ 
« , for the satisfaction of local needs. Thus in its 

character public or governmental character the municipal 
cl the city corporation represents the State, which entrusts it 
with the performance in a particular locality of certain gov¬ 
ernmental functions — such as local taxation, the administra¬ 
tion of justice and of the schools, the control of elections and 
of the public health, and the support of the poor. On the other 
hand, in its private or proprietary character the municipal¬ 
ity is an organ for the satisfaction of local needs, such as the 
construction of sewers, paving, cleaning, and lighting of 
streets, supplying water, administration of parks, regulation 
of municipal transportation — matters which interest the 
commonwealth only indirectly, but which are of vital local 
concern. 

47 . Origin of Cities. Economic causes create cities and 
Economio make urban life possible. So long as agriculture is 
iiasis ^Yie sole occupation of a people, cities cannot de¬ 
velop, since this industry necessitates a scattered population. 

1 Fairlie, John A., Municipal Administration, vii. 


MUNICIPAL DEVELOPMENT 


But with the creation of a surplus food-supply, men develop 
other and higher wants than the mere subsistence wants 
satisfied by agriculture. Division of labor then occm-s, and 
commerce and manufactures arise — industries which tend 
to bring people together in compact communities. Thus the 
existence of cities is the result and sign of a separation of 
occupations. It is also an indication of economic progress. 
Countries in the forefront of modem civilization have a 
large urban population, while the contrary is true of more 
backward nations. 

48 . Development of Cities. Just as cities owe their origin 
to the economic fact of a surplus food supply, so to economic 
factors is due the great development of cities in Economic 
modem times. Three of the most important are: 

( 1 ) the industrial revolution, inaugurating the factory sys¬ 
tem of modern industry with its irresistible tendency to 
mass population in large centers; ( 2 ) extensive improve¬ 
ments in agriculture, displacing mral laborers, who seek 
employment in the cities; (3) a marvelous development of 
transportation which has made possible an unprecedented 
interchange of products. 

In the United States the growth in urban population has 
been most striking. In 1790 about one thirty-third of the 
people lived in cities; at the present time about urban pop- 
one third. In 1790 there were six cities with over Se Unit^ 
8000 population; in 1900 there were 546 such Spates 
cities. Since 1790 the total population of the United 
States has increased from 4 , 000,000 to 91,972,267: the urban 
population from 132,000 to more than 30,000,000. 

49 . English Origin of American Municipal Institutions. 

Just as the English system of rural local government furnished the 
pattern for the system first established in America, so influence of 
the English municipal borough of the seventeenth English 
century was the prototype of the early American city. 

Both the organization of the English borough and the theory of 
English law as to the relation of the borough to the central gov¬ 
ernment have profoundly affected American municipal develop- 


40 


GOVERNMENT AND POLITICS 


ment; and hence the nature of the American city will be better 
understood if we know the leading characteristics of the type from 
which it has developed. 

50. History of the English Municipal Borough. As early as 
the fifteenth century some of the English towns, which in Saxon 

days had been governed by the town-meeting, secured 
municipal from the crown, either by purchase or pledge of an 
charter annual contribution, certain special privileges of local 
government. The document defining these privileges was known 
as the municipal charter, the granting of which was then, as now, 
a prerogative of the crown. 

The members of the trades guilds were usually named in these 
early charters as the governing body of the community. At first 
the municipal corporations were probably fairly representative 
of the people of the towns; but as time passed by, grave abuses crept 
in. Membership in the corporation became confined to a few men 
who had power to designate their successors, and the great majority 
of the inhabitants had no voice whatever in the local government. 
Municipal Thus the boroughs were close or self-perpetuating cor- 
Refonn Act porations, and continued such until Parliament passed 
ol 1836 famous Municipal Corporations Act of 1835. By 

this act the government of the boroughs was reformed and placed 
in the hands of the citizens. 

51. Characteristics of British Municipal Government. 

Complete subordination of the municipality to the central govern- 
Sul)ordln- is a prominent feature of British municipal admin- 

ated to istration. In marked contrast to the city-states of the 
ancient world, which were local communities with sov¬ 
ereign governmental powers, is the British municipal 
borough created by, and entirely subject to, the central govern¬ 
ment or Parliament. 

Furthermore the British Parliament has usually been very ten¬ 
acious of its authority, and has consequently granted the cities 
Strict con- comparatively limited powers, to be exceeded only by 
structlon its own permission granted in special acts. From early 
of powers times the theory has prevailed that so far as public 
powers are concerned, municipal corporations are merely the dele¬ 
gates of Parliament, which is the ultimate source of all govern¬ 
mental power. Hence it has followed that the powers granted 
by Parliament to municipalities have been carefully limited and 
minutely specified.^ 

* Thus the British cities, unlike those of continental Europe, are and have always been 
authorities of enumerated rather than of general powers. 


central 

government 


MUNICIPAL DEVELOPMENT 


41 


From early times to the present, the central fact in the govern¬ 
ment of the British municipality has been the council. By the 
provisions of the Municipal Code of 1882, the council position 
consists of the mayor, aldermen, and councilors. The council 
municipality acts through its council, the body which exercises 
all powers vested in the corporation. 

52. American Municipal History. Turning now to the 
American municipality, we may divide its history for convenience 
of treatment into five periods: (1) 1641-1775; (2) 1775-1825; 
(3) 1825-1850; (4) 1850-1875; (5) 1875 to the present time. 

53 • Colonial Cities. Twenty cities received charters during the 
period of colonial history from 1641 to 1775. The oldest American 
city is New York, which received its first charter in 
1686. Trenton in 1746 received the last charter granted charters 
in colonial times. As in Great Britain charters were 
granted by the executive, so following this practice the colonial 
charters were granted by the governors. 

The form of municipal organization closely resembled that of 
the contemporary English borough. Practically the entire author¬ 
ity was vested in a council, which consisted of the Municipal 
mayor, recorder, aldermen, and councilmen, acting as organlza- 
a single body. The mayor was sometimes appointed 
by the governor, sometimes elected as in England by the council. 
His functions were to preside at meetings of the council and to 
execute the ordinances passed by that body. The administrative 
authority of the council was limited chiefly to matters of local 
concern, the public or governmental side of the corporation’s life 
being then but little developed. 

In two important respects American colonial cities differed from 
the English boroughs of that period. (1) In America close corpora¬ 
tions were the exception. In only three cities ^ were the Distinctive 
councils self-perpetuating bodies, elsewhere control of American 
the city being in the hands of its residents. (2) The 
mayor was not as in England a dignified figure-head, but from the 
first possessed a considerable control over municipal affairs. 

54. Relation of Cities to State Governments. The theory 
of the English law as to the complete subordination of the city to 

the central government was closely followed. Under the 
. . , ...... j j Suborulnato 

American system, the municipality is regarded as a position 

creature of the State legislature, and in the absence of 

constitutional restrictions, the legislature may deal with the city as 

* These were Philadelphia, Annapolis, and Norfolk; but this undemocratic government did 
not survive the Revolution. 


42 


GOVERNMENT AND POLITICS 


it pleases. It may enlarge or contract its powers, change its frame¬ 
work of government, or even entirely destroy its existence.^ 

Furthermore, in passing upon the question of municipal powers. 
Strict con- American courts have accepted the rule of the English 
structionof common law, that grants of municipal power (like all 
powers grants of corporate powers) are to be construed strictly, 
doubtful questions of authority being resolved against the muni¬ 
cipality.^ 

55 . Second Period of American Municipal History. Dur¬ 
ing the years from 1775 to 1820, two features of municipal devel¬ 
opment are especially important. 

( 1 ) The practice of conferring charters by the executive gave 

Cliarters to the present method of granting them by the 

granted by State legislature. Hence the theory that the charter 
legislature jg merely a statute conveying no irrepealable grant to 
the city; for as a legislative measure it is liable to be altered or 
repealed by subsequent acts.® 

( 2 ) The subordination of municipal affairs to the issues of 

State and national politics was noticeable; and this 
gyg® tendency, involving also the spoils system as a principle 

of office-holding, has since become a characteristic 
feature of our municipal government. 

56 . Third Period — 1825 - 1850 . Among the characteristics of 
municipal history during the third period are the following: — 

( 1 ) A large number of new cities arose, forty of the cities whose 
population is now over 30,000 having been first chartered during 
this period. 

( 2 ) The present method of choosing the mayor by popular vote 
was introduced, supplanting the former methods of State appoint¬ 
ment or council election. 

(3) Manhood suffrage became universal, superseding the pro¬ 
perty qualifications prescribed by some of the early charters. 

(4) Several cities, including Boston, New York, and St. Louis, 
adopted the two-chamber plan for the organization of their coun¬ 
cils. 

57» Fourth Period — 1850 - 1875 * An important development 
during this period was the great increase of municipal functions 
owing to the rapid expansion of urban population. During these 


^ The legal theory as to the position of the municipality is clearly stated in United States 
V. The Baltimore and Ohio R. R. Co., 17 Wallace, 322. 

* Dillon, J. F,, Municipal Corporations, i, p. 115. 

* On the other hand, the early charters granted by the governor were regarded as in the 
nature of a contract between the executive and the municipality, and hence not subject to 
amendment except with the consent of both parties. 



MUNICIPAL DEVELOPMENT 


43 


years our modern system of paid police and firemen replaced 
the earlier volunteer system; and the construction of increase of 
waterworks, sewer systems, and establishment of city municipal 
parks were added to the list of municipal activities, 

Functions which had been carried on formerly, such as mainten¬ 
ance of schools, street-paving, and poor relief, expanded in im¬ 
portance, resulting in a large increase in municipal taxation and 
indebtedness. 

The unwillingness of the State legislatures to grant large powers 
to cities, together with the legal doctrine of strict construction of 
municipal powers, made it necessary for the cities to special 
apply frequently to the legislature for special acts legislation 
granting additional powers. Especially was this neces- 
sary in order to secure additional financial powers. By virtue of 
these special acts the State legislatures rather than the municipal 
council determined the local policy of municipalities.^ 

Owing to the establishment during this period of street-railway 
systems and the extension of gas-lighting, the power of councils to 
enter into contracts conferring valuable privileges, 
that is, to grant franchises, became very important. In grants 
making such grants, councils were commonly heedless of 
the interests of the cities, and were often corruptly influenced by 
the corporations desiring the privilege. Franchises were ordinarily 
conferred without any compensation to the city for the use of the 
streets, and sometimes without any limitation as to the duration 
of the grant. 

58. Changes in Municipal Organization during Fourth 

Period. Another important characteristic of the period from 
1850 to 1875 is the decline of the city council, which in 
earlier times had been the central fact in city govern- comcll 
ment. Partly as a result of dissatisfaction with council 
management, that body lost many of its former legislative and 
financial powers. Furthermore, the council lost its former power to 
appoint the various city oflicials, and these were chosen by popular 
vote, a change partly due to the democratic spirit characteristic 
of this period. 

Many of the powers formerly exercised by the council were en¬ 
trusted to elective municipal boards, such as park, hbrary, and 
waterworks boards. Such oflScials as the city solicitor, Local 
civil engineer, and superintendent of public works were municipal 
commonly elected by popular vote. boards 

* In order to check the growing volume of special municipal legislation, a number of States, 
including Ohio, Virginia, Iowa, Kansas, Florida, Nebraska, and Arkansas, adopted constitu- 


44 


GOVERNMENT AND POLITICS 


Many commonwealths established State boards or commissions, 
generally appointed by the governor, to control municipal affairs. 
State Thus a State park board was created for New York 

appointed City, a State commission to build Philadelphia’s city 
boards State police boards in New York, Baltimore, 

Detroit, and other cities. The pretext for such action was the mis¬ 
management on the part of the local authorities; but the transfer 
of municipal functions to boards in no way responsible to local 
taxpayers generally proved even more unsatisfactory. 

59 . Recent Municipal History, 1875 to the Present Time. 
The volume of special municipal legislation, large during the 
Special preceding period, has increased so greatly as seri- 
legisiauon Qusly to impair local self-government on the part 
of urban residents.^ The objections to such special muni¬ 
cipal legislation are: ( 1 ) the members of the State legislature 
do not have adequate knowledge of the needs of the par¬ 
ticular city for which the special law is designed; ( 2 ) the 
consideration of innumerable local bills detracts greatly 
from the time and attention needed for general legislation; 

(3) these special laws are frequently passed from partisan 
motives and without regard for the true welfare of the city; 

(4) in exercising powers properly local in character, the State 
legislature is not directly responsible to the voters of the 
city, and hence this legislation is irresponsible legislation; 

(5) special legislation destroys home rule by permitting the 
legislature to regulate many details of city administration 
which are of purely local concern. 

Recognizing the evils of excessive legislative intervention 
in local affairs, many States have adopted constitutional 
Constitu- provisions designed to safeguard certain rights of 
itaSons”^" local self-government. Thus twenty-three com¬ 
monwealths have adopted constitutional limita¬ 
tions forbidding their legislatures to pass special acts concem- 


tional limitations designed to prevent special legislation; but these prohibitions were com¬ 
monly evaded. 

^ Thus in Wisconsin, at the legislative session of 1885, five hundred special municipal acts 
were passed, filling 1342 pages of print; while all other acts of that year fill but 600 pages. In 
the six years from 1884 to 1889, New York passed 1284 acts relating to thirty cities of that 
commonwealth. In the seventeen years from 1876 to 1892, Ohio passed 1202 special acts 
affecting cities, of which 1124 conferred special financial powers. 



(By courtesy of the Soel Construction Company) 

THE NEW CITY HALL AT CHICAGO, ILLINOIS 



A TYPICAL NEW ENGLAND TOWN HALL 
At Needham, Mass. 


















(By courtesy of the Su/ierinteyident of Btiblic Iiujiroveuients) 

THE MUNICIPAL PUILDING AT DES MOINES, lOM'A 
Now in process of construction. 



INTERIOR OF THE DES MOINES IVIUNICIPAL BUILDING 

Practically the entire business of the city will be transacted in this one larf>e count- 
in»-rooni. Here are the oflict's of all the various departments of the city government, 
except those of the police and the fire department, which by their nature require 
separate quarters. 































































MUNICIPAL DEVELOPMENT 


45 


ing cities. These restrictions have been frequently evaded 
in States whose courts have held that an act is not special 
provided it applies to a class of cities, even though the 
“class” includes but one city. 

A second method of limiting the power of State legisla¬ 
tures over cities is that followed in New York. In this com¬ 
monwealth all measures referring to a single city, New York 
or tojless than all cities of a class, after being 
passed by the legislature must be referred to the municipal 
authorities for approval. In cities of the first class (over 
175,000 inhabitants), such a measure must be approved by 
the mayor; and in cities of the other two classes by the mayor 
and council. If approved by the proper municipal authority, 
the bill is sent to the governor for his approval or veto; biit 
if disapproved by the local authority, it goes back to the leg¬ 
islative house where it originated, and does not become law 
unless repassed by the ordinary majority in each house. 

A third method of securing municipal home rule is followed 
in eight commonwealths — California, Colorado, Michigan, 
Minnesota, Missouri, Oregon, Oklahoma, and charter- 
'Washington. These States have adopted consti- framing 
tutional provisions allowing some of their cities to 
frame and amend their own charters, provided such charters 
and amendments are consistent with the constitution and 
general laws of the State. 

60. Changes in Municipal Organization. Two marked 
changes in the organization of city government during this * 
period are: (1) the return to a single-chamber oonncii 
council in a number of cities which had become an* mayor 
dissatisfied with the two-chamber system; and (2) the 
effort to create a responsible mayor by giving that oflScial 
a larger control over city administration. 

61. The Commission Plan. Perhaps the most serious de¬ 
fect in the government of our cities is the absence Galveston 
of direct responsibility for the management of 

affairs. Executive and administrative functions are distrib- 


46 


GOVERNMENT AND POLITICS 


uted among numerous boards and oflficials in such a way 
that it is almost impossible to locate responsibility. To 
correct this condition, several cities ^ have recently adopted 
the commission plan of government, which aims to secure 
definite responsibility by centralizing municipal powers in 
the hands of a few men. Thus the Galveston charter en¬ 
trusts the entire city administration to five commissioners 
elected at large for a term of two years, one of whom is 
given the title of mayor-president. Each of the other four 
is placed at the head of one of the departments of muni¬ 
cipal administration — namely, finance and revenue, water¬ 
works and sewerage, police and fire protection, streets and 
public property; while the mayor-president exercises a 
general coordinating influence over aU four departments. 
The commission acting as a whole is empowered to pass 
municipal ordinances, vote appropriations, award contracts, 
and make important appointments (minor ones being made 
for each department by the commissioner in charge). 

The commission system of government also prevails in Des 
Moines, Iowa, but with important restrictions designed to 
Des Moines assure popular control. Thus the Des Moines 
plan provides for the initiative, referendum, and 
recall; establishes a merit system for city employees; and 
requires a popular referendum on all franchise grants.^ 

^ The following cities now have some form of commission government. Massachusetts: 
Haverhill, Gloucester, Chelsea, Lynn. Texas: Beaumont, Dallas, Denison, El Paso, Fort 
Worth, Houston, Galveston, Austin, Waco, Marshall, Palestine, Corpus Christi. Iowa: Des 
Moines, Cedar Rapids, Burlington, Keokuk. Tennessee: Greenville, Memphis. Kansas: 
Hutchinson, Independence, Kansas City, Leavenworth, Topeka, Wichita. Idaho: Bois^ 
City, Lewiston. Oklahoma: Ardmore, Tulsa. North Dakota: Minot, Mandan, Bismarck. 
California: San Diego, Berkeley. South Dakota: Sioux Falls. Colorado: Colorado Springs. 

^ The advantages claimed for the commission plan are (1) definite location of responsibility 
resulting from the complete centralization of municipal powers; (2) lessening of civic corrup¬ 
tion; (3) approximating the government of the city to that of a business corporation in which 
ample powers are generally entrusted to a small board of directors; (4) greater promptness 
and efficiency in action owing to the small number of administrative officers. Those opposed 
to the commission plan urge (1) that it is undemocratic and un-American, virtually amount¬ 
ing to a receivership for the municipality in which it exists; (2) it narrows the educative 
work of local government by decreasing the participation of citizens in public affairs; (3) it 
increases the influence of party organizations by enabling them to concentrate their efforts 
upon the few elective commissioners; (4) it places the appropriating and spending power in 
the same hands; and (5) the absence of a local council constitutes an incentive to State inter¬ 
ference in municipal affairs. 


MUNICIPAL DEVELOPMENT 


47 


62. Proposed Improvements in Municipal Government. 

As the causes of the misgovernment of cities have become 
better understood, more definiteness has been given the 
plans of those seeking to improve conditions. The chief 
steps now proposed as a means to possible improvement 
may be summarized under the following heads: — 

(1) The effectual prohibition of special municipal legisla¬ 

tion, and the granting to cities of general rather special 
than enumerated powers. legisiaUon 

(2) Such a change in municipal organization as will give 
the mayor authority over, and responsibility for, Mayor and 
the city’s administration; together with an en- 
largement of the powers of the council by giving that body 
control of the legislative policy of the city in matters of 
local interest. 

(3) A restriction of the spoils system in city politics 

through the adoption of some form of municipal civil 
civil service.^ service 

(4) The separation of municipal from State and national 
elections. In many commonwealths, municipal elections are 
now held at a different time of year from other separation 
elections, in the hope that candidates for local 

oflfices may be chosen on account of individual fitness rather 
than from a partisan standpoint. 

(5) The exercise of the utmost care in granting franchises 
to public service corporations, in order that the people of 
the city may receive an adequate compensation 

in return for the privileges granted. The refer¬ 
endum or popular vote on franchises eliminates a great 
source of municipal corruption by placing the ultimate de¬ 
cision concerning franchises in the hands of the people them¬ 
selves. ^ 

* Such as exists in Philadelphia, Chicago, New Orleans, Grand Rapids, Los Angeles, 
and in all cities of New York, Massachusetts, Wisconsin, and Ohio. 

* At least twenty commonwealths have adopted the referendum for some or all of their 
cities: California, Colorado, Delaware, Idaho, Iowa, Kansas, Maine, Massachusetts, Mis¬ 
sissippi, Missouri, Minnesota, Montana, Nebraska, North Dakota, Oklahoma, Oregon, 
South Dakota, Tennessee, Texas, and Washington. 


48 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Dillon, John F., Commentaries on the Law of Municipal Corporations (4th 
ed. 1890), I, ch. i. 

Fairlie, John A., Municipal Administration (1901), ch. v. 

-“Municipal Corporations in the Colonies,” Municipal Affairs, 

September, 1898. 

Fiske, John, Civil Government in the United States (1904), pp. 98-114. 

Goodnow, Frank J., City Government in the United States (1904), chs. i-iii. 

- Municipal Problems (1903), ch. i. 

Hart, A. B., Practical Essays on American Government (1905), no. viii. 

Monographs on Municipal Government, Johns Hopkins University Studies, 
Series iii,nos. 11-12 (Washington); v,nos. 1-4 (Philadelphia, Boston, St. 
Louis); VII, nos. 2-4 (San Francisco, New Orleans); xiv, no. 2 (Balti¬ 
more). 

Proceedings of the Conferences for Good City Government, Annual Meet¬ 
ings of the National Municipal League, 1894 to 1909. 

Robbins, E. C., Selected Articles on the Commission Plan of Municipal 
Government (1909). 

Rowe, L. S., Problems of City Government (1908), chs. i-v. 

Shaw, Albert, Municipal Government in Great Britain (1895), chs. i-ii. 

Weber, A. F., The Growth of Cities in the Nineteenth Century (1899). 

Wright, Carroll D., Practical Sociology (1899), ch. viii. 


QUESTIONS AND EXERCISES 

1 . Write an account of the rise and growth of cities in the United States, 
paying especial attention to the factors in urban development. 

2. Write a brief account of the changes of government in your community 
— the transition from town, village, borough, or coimty government to 
city government. 

8. Explain the reasons for this change. Point out the needs which are 
created by urban life (water-supply, sewer system, street lights), and 
explain why city governments are better fitted than rural governments 
to meet these needs. 

4. What economic causes have contributed to the growth of your city? 

5. What was the population of your city at the census of 1910? Popula¬ 
tion in 1900? Percentage of increase? 

6. Make a list of the six largest cities in your State, and give their popula¬ 
tion; same for the United States. 

7. What is the area of your city? Into how many wards is it divided? In 
which one do you live? 

8. When did your city receive its first charter? What is the date of the 
present charter? 

9. Draw an outline map of the city marking the boundaries of the wards, 
and (using a different color) show the election precincts of your own 
ward. 

10. By which of the following methods was your city charter granted: 
(a) special act of the legislature giving your city a charter peculiar to it¬ 
self; (b) a general legislative act providing a form of charter applicable 
to all cities of a certain size; (c) under a special constitutional provision 
permitting cities of a certain size to frame their own charters. 




MUNICIPAL DEVELOPMENT 


49 


11. How may your city charter be amended? 

12. Does your State constitution prohibit special legislative acts concern¬ 
ing cities? Why is such special legislation objectionable? (Section 59.) 

13. Point out the dual character of your city government: (a) as an agent 
of the State for the performance of governmental functions; (b) as an 
organ for the satisfaction of local needs. (Section 46.) 

14. In which of these fields may the State government properly exercise 
greater control? 

15. Is there a State commission having authority over any affairs in your 
city? Are such commissions prohibited by your State constitution? 

16. Have you a municipal league, taxpayers’ association, or similar organ¬ 
ization which seeks to improve municipal conditions? 

17. Is there a Chamber of Commerce in your city? Purposes? 

18. Are any of the following reforms urged in your city? Give arguments 
in favor of each: (a) Centralization of executive power and responsibil¬ 
ity by creating a “responsible” mayor, (b) The centralization of re¬ 
sponsibility by the creation of a commission for the exercise of both 
executive and legislative powers, (c) Separation of mimicipal from 
State and national elections, (d) Establishment of the merit system in 
filling subordinate municipal offices, (e) “Home rule,” or the limita¬ 
tion of State control over city affairs, (f) Reduction of the number of 
offices to be filled at municipal elections, (g) Nomination by petition 
or direct primaries instead of by a party convention, (h) The referen¬ 
dum or sanction by popular vote for franchise grants and bond issues. 

19. Suggested readings on municipal government: Kaye, P. L., Readings 
in Civil Government^ pp. 336-367. 


CHAPTER V 


MUNICIPAL ORGANIZATION 


Number ot 
diambexs 


63 . Organization of the Council. In three fourths of the 
cities of the United States, the council is a single-chamber 
body. This is the prevaiUng type for the smaller 
cities as well as for a majority of the larger ones. 
Most of the latter have at one time or another tried the 
double-chamber council; but many have returned to the 
plan of a single chamber. 

Where the council consists of a single chamber, it is ordin¬ 
arily composed of one member from each ward or district 
Election into which the city is divided; but in some cities 
oimembers councilmen are chosen by general ticket.^ Where 
the double-chamber system prevails, the upper house or 
board of aldermen is often chosen at large, or from districts 
embracing several wards. The size of the council varies 
greatly, averaging from twenty to thirty members in the 
larger municipalities, and from five to fifteen in the smaller 


The universal qualification for councilmen is that they 
must be voters of the city in which they live; and generally 
Quaiiiica- required to be residents of the ward for 

tions, term, which they are chosen. The negative qualifica¬ 
tion is often added that members shall not hold 
any other public office. The term varies from one to four 
years, two years being perhaps more general. Where the 
term is two years, half the members are often chosen an¬ 
nually. Councilmen are usually unpaid in the smaller cities, 
but in many of the larger ones receive salaries ranging from 
$300 to $2000. 

^ That is, by the voters of the entire city. 


MUNICIPAL ORGANIZATION 


51 


64 . Legislative Powers of the Council. In the United 
States, as in Great Britain, the powers conferred upon muni¬ 
cipalities are always enumerated in detail; and Ruieoicon- 
the courts of both countries hold that municipal 
powers are to be strictly construed, doubtful questions of 
authority being resolved against the municipality. This 
rule of strict construction in connection with the system 
of enumerated powers has necessitated a multitude of pro¬ 
visions in every municipal charter, since each particular 
power must be declared beyond doubt. ^ 

65 . The Council’s Police Power. The most important 
powers of municipal councils are those which may be classed 
under the head of the police power, by which is meant the 
power of government to enact such laws as are necessary to 
the health, comfort, and protection of society. The police 
power of the State government is a general power limited 
only by the restrictions of the State and the national con¬ 
stitution ; and each commonwealth delegates to the cities 
within its borders a portion of this power—generally includ¬ 
ing the right to pass ordinances for the promotion of the 
public health, security, and comfort, and for the protection 
of the public morals.^ 

66 . Financial Powers of the Council. One of the most im¬ 
portant powers granted city councils is that of levying taxes 
to defray expenses incurred in the performance of 
municipal functions. The legislatures ordinarily 

confer this power subject to important limitations as to the 
purpose and rate of the tax. Thus the tax must be for a 
public purpose, and one which is authorized directly or im¬ 
pliedly by the terms of the municipal charter; and it is com¬ 
monly provided that the rate shall not exceed a certain 
number of mills on each dollar of valuation of taxable pro¬ 
perty. The form of tax most largely relied upon for municipal 

^ Thus the Ohio law governing cities enumerates the general powers of municipal corpora¬ 
tions to be exercised by the council under twenty-nine heads and the special powers under 
seven additional heads, the detailed statement occupying thirty-six pages of the volume of 
laws of 1902. 

* See Chapter xii. 


52 


GOVERNMENT AND POLITICS 


revenues is the general property tax, the levy for city pur¬ 
poses being ordinarily collected along with the county and 
State taxes. 


Licenses 


To defray the expense incurred in making certain local improve¬ 
ments, such as street-paving and sewer construction, it is custom¬ 
ary to levy upon the abutting property-owners special assessments 
upon the theory that they receive a special benefit from 
asses^ents improvement in question. Thus in most cities 
when a street is opened, graded, or paved, the cost is 
borne mainly by the abutting property-owners (upon whose initia¬ 
tive such improvements are often undertaken). 

Licenses of certain occupations and amusements constitute 
another important source of municipal revenue. A license may be 
either a police regulation to prevent some real or threat¬ 
ened evil, or it may be a tax upon certain lines of busi¬ 
ness. In many cities, proprietors of theaters and other places of 
amusement, owners of vehicles, liquor-dealers, pawnbrokers, 
peddlers, and second-hand dealers are required to pay a license.^ 
Municipal corporations have implied authority to incur indebt¬ 
edness in anticipation of the general revenue fund, but unless au¬ 
thorized by the legislature, cannot borrow money or issue 
bonds as evidence of indebtedness. Municipal charters 
generally contain provisions authorizing the council to 
borrow money for public purposes, as for street-paving, or con¬ 
struction of waterworks and lighting-plants. When a city borrows 
money, municipal bonds are issued which are in effect the promis¬ 
sory notes of the corporation. These bonds are ordinarily in de¬ 
nominations of $500 or $1000, for a term varying from twenty to 
fifty years, at four to six per cent interest. They are sold to the 
highest bidder after due notice by publication. 

67. Miscellaneous Powers of the Council. Eminent domain, 
or the right to take private property for public purposes, is a power 
commonly delegated by the legislature to municipal 
corporations. City councils generally have power to 
appropriate private property under the following con¬ 
ditions: (1) the property must be for a public use;^ (2) notice must 
be given to the owner; and (3) the property must be appraised in 
the manner prescribed by law, and the owner compensated for its 
appropriation. 


Eminent 

domain 


^ In Northern municipalities, licenses are commonly required only for a few specified 
purposes; but in the cities of the South, the licensing system is more largely used. 

* The public uses for which property may be appropriated include parks, streets, canals, 
sewers, prisons, hospitals, markets, cemeteries, school buildings, libraries and other public 
buildings, waterworks, gas and electric lighting-plants. 


MUNICIPAL ORGANIZATION 


53 


Municipal councils are sometimes made the agents of the State 
government for the control of education and poor re- Education 
lief within the corporation; but more commonly these and poor 
functions are entrusted to local boards more or less 
independent of the council. 

Like private corporations, cities may purchase and hold property 
for municipal purposes. Cemeteries, waterworks, 
parks, markets, hospitals, libraries, gas and electric 
lighting-plants are forms of property regarded by the 
courts as belonging to the municipality in its private or corporate 
rather than in its public or governmental capacity. 

Municipal councils have implied powers to make such contracts 
as may be necessary to carry out the purposes for which the cor¬ 
poration was created, and these contracts may be for 
a longer term than the life of the council making the 
grant. The most important municipal contracts are 
franchises or grants of exclusive privileges to companies organized 
to furnish transportation, lighting, heat, and telephone service. 

68. Procedure in City Councils. Regular meetings of 
the council are held at stated times, generally weekly or bi¬ 
weekly, special meetings being called from time to 
time as needed. Like other legislative bodies, rules, 
municipal councils determine their own rules of 
procedure, and keep a journal of their proceedings. Generally 
they have power to compel members to attend and vote. 

Like Congress and the State legislatures, city councils are 
commonly divided into committees to which proposed legis¬ 
lation is referred for consideration. Among the oommittee 
important committees are those on ways and 
means, streets and sidewalks, sewers, markets, printing, 
public lighting, transportation, rules and ordinances, and 
municipal bonds. 

The legislation passed by the council ordinarily requires 
three separate readings, and unless the rules are suspended 

these must be at three different regular meetings. ^ 

, „ , .. . . Ordinances 

Any member of the council may introduce a pro¬ 
posed ordinance, whereupon its title is read and the measure 
referred to the proper committee (this constituting the first 


54 


GOVERNMENT AND POLITICS 


reading). At a subsequent meeting, if the committee reports 
favorably, the second reading may take place, the ordinance 
being read, in full or by title only; and at a third meeting, after 
being read the measme may be voted upon. If approved by 
a majority of the council, it is signed by the presiding officer, 
and unless the mayor has the veto power, it then becomes 
an ordinance or by-law binding upon all persons within the 
city. Frequently the municipal charter gives the mayor 
power to disapprove any ordinance passed by the council; 
and a measure which is vetoed does not become effective 
unless the council again passes it by a two-thirds vote — in 
some cities by a three-fourths or four-fifths vote. 

It is often required that ordinances be published in news¬ 
papers of general circulation within the municipahty, sev- 
VaUdity of eral publications during consecutive weeks being 
ordinances commonly prescribed. To be valid, ordinances 
must be authorized by the municipal charter or by a State 
statute; and they must not conflict with any laws of a su¬ 
perior nature, such as a provision of the State constitution 
or statutes, or of the federal constitution, statutes, or treaties. 

69 . The Mayor. The chief executive officer of the city is 
the mayor, who is generally elected by popular vote. This 
Election, officer is usually chosen for a two-year term in 
term, salary larger cities, but in New England and in the 
smaller municipalities a one-year term is common.^ The 
mayor receives a salary which varies from a few hundred 
dollars in the smaller municipalities to $15,000 in New York 
City. 

70. Legislative Powers of the Mayor. In the smaller 

municipalities and in a few of the larger ones, the mayor is 
Relation the presiding officer of the council with a casting 
to conncii ^ ^ majority of the larger 

cities, he is not a member of the council and his relation 
to that body more nearly resembles that of the governor to 

1 The term is four years in several cities, including New York, Chicago, Philadelphia, 
Buffalo, New Orleans, and Louisville; in Boston four years, with the right of recall at the end 
of two years. In Jersey City the term is five years. 


MUNICIPAL ORGANIZATION 


55 


the State legislature. He submits to the council annual and 
special messages recommending desirable legislation; and in 
most cases he has a limited veto upon ordinances and 
resolutions passed by that body. 

In many recent charters, the mayor is given the power to 
veto particular items in an appropriation bill while approv¬ 
ing the rest of the measure.^ Generally he has several days 
(varying in number from three to fourteen) for consideration 
of legislation; and if he does not sign or veto the ordinance 
within that period it becomes effective without his signature. 

71 . The Mayor’s Administrative Powers. Although in 
nearly all American cities the mayor is in theory the head 
of the administration, the extent of his actual con- 
trol greatly varies. In early days his administra- council 
tive powers were narrowly hmited, and m many 
smaller cities he is still little more than a presiding officer of 
the council with a casting vote in case of a tie, or in some 
cases with a qualified veto upon legislation. In these cities 
the subordinate executive officers are generally elected by 
popular vote or appointed by the council. This system 
is virtually council government except as modified by the 
mayor’s veto power. 

In a second class of cities the mayor has considerable 
power over appointments, and generally nominates the 
heads of the administrative service subject to con- Divided re- 
firmation by the council. But he cannot exercise 
complete control over the administration, since these officers 
cannot be removed except for cause, and even then the 
concurrence of the council is generally necessary. Thus 
responsibility for the administration is divided between the 
mayor and the council so that neither can be held ac¬ 
countable; and this lack of responsibility has made possible 
much of the inefficiency and corruption of city governments. 

Finally, in a third class of cities, especially the larger ones, 

^ For example, in New York, Baltimore, Boston, Philadelphia, New Orleans, St. Louis, 
San Francisco, and in all cities in Ohio and Illinois. 


56 


GOVERNMENT AND POLITICS 


recent charters have given the mayor the power to appoint, 
The respon- without the approval of any other authority, the 
sihie mayor of the executive departments; and also the 

right to remove them at his own discretion at any time dur¬ 
ing his term. This type of city government has been called 
the mayor system, since it makes this officer the actual and 
responsible head of the entire municipal administration. 

In all cities the mayor exercises general supervisory 
powers over the municipal departments. The extent of this 
General authority varies, being most important in those 
supervisory municipalities where the mayor has the power to 
powers appoint and to remove department heads. In 
nearly all cities he may at least investigate complaints against 
particular departments, make recommendations to the ad¬ 
ministrative heads, and inspect books and records. In cities 
having the board system of municipal administration, he is 
frequently an ex officio member of the various boards. 

The mayor is the chief conservator of the peace for the 
A peace city as the sheriff is for the county, and has similar 
oiiicer powers with regard to quelling riots and calling 
upon the governor for the State militia. 

72 . Judicial Powers of the Mayor. In nearly all muni¬ 
cipalities the mayor has the powers of a justice of the peace. 
Justice of In most of the larger cities the mayor’s court, 
the peace formerly an important institution, has fallen into 
disuse, the mayor’s judicial powers having been transferred 
to the police judges and judges of the municipal courts. 
But in the smaller cities, and generally in Delaware, Iowa, 
and the Southern States, the mayor still exercises judicial 
powers. 

73 * Administrative Officials. Greater diversity prevails 
in the administrative machinery of American cities than 
in any other feature of municipal organization. 
Ordinarily the larger cities have departments of 
public works, police, fire, health, law, elections, education, 
libraries, parks, finance, and charities and corrections. , 


Diversity 


MUNICIPAL ORGANIZATION 


57 


ror*the selection of administrative officers, many plans are 
in use, including election by the council, appointment by the 
mayor with or without the council’s confirmation, 
election by popular vote, and appointment by the 
State governor. Appointment by the mayor with ratification 
by the council is the common method, but several recent 
charters give him the exclusive power of appointment. The 
treasurer and comptroller are generally elected by popular 
vote, as are often the police judge, city solicitor, tax assess¬ 
ors, members of boards of public works, and of boards of 
education. Appointment by the governor is exceptional, 
but prevails in case of the police and health boards of some 
cities. 

Few legal qualifications are prescribed for administrative 
officials, and in practice little heed is paid to the candidate’s 
fitness for the particular office which he is seeking. QuaUfica- 
The non-professional character of our administra- 
tive service is in marked contrast with that of Germany, 
where salaried officials are required to prepare themselves 
by a long course of expert professional training. 

The term of administrative officials ^ varies from one to 
six years, generally being longer in case of members of muni¬ 
cipal boards. For subordinate administrative 
officials permanence of tenure is secured through 
civil service in Des Moines, Chicago, Milwaukee, New Or¬ 
leans, and all cities in Wisconsin, New York, Massachusetts, 
and Ohio. Elsewhere municipal offices are too often re¬ 
garded as political spoils. 

As a general rule municipal officers receive salaries, espe¬ 
cially in the larger cities. Frequent exceptions to this rule 
are the members of school, library, and park 
boards. If members of a board receive no salary 
they are expected to devote only a part of their time to 
official duties, the routine work of the department being 
performed by salaried officials. 

* In Great Britain the term of corresponding officials is three years, in France, fotir years. 
In Prussia salaried mapstrates are chosen for twelve years, unsalaried magistrates for six 
years. 


58 


GOVERNMENT AND POLITICS 


74. Board System vs. Single Commissioner System. In 
Great Britain municipal administration is carried on by 
Tendency boards composed of members of the council: in 
misSonw”^' France there is a single commissioner in charge 
system of each department. Both systems exist in this 
country, but the tendency seems to be in favor of the single 
commissioner plan. However, such fields of administra¬ 
tion as the schools, libraries, parks, public health, pohce, 
and public works are frequently managed by boards. The 
board system secures continuity of policy and greater per¬ 
manence of tenure for executive officers, since the member¬ 
ship is only partially renewed at one time; and this plan also 
makes it possible to obtain the unpaid services of able men, 
who can thus assume the general direction of public busi¬ 
ness without making too great personal sacrifices.^ But 
these advantages are gained at the sacrifice of the admin¬ 
istrative efficiency and power of prompt action possible 
under the conmissioner system. 

GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), secs. 488-496. 

Beard, C. A., American Government and Politics (1910), ch. xxvii. 

- Readings in American Government and Politics (1910), ch. xxvn. 

Black, H. C., American Constitutional Law (1897), ch. xvii. 

Bryce, James, The American Commonwealth (1908), i, ch. l. 

Dillon, John F., Commentaries on the Law of Municipal Corporations (1890), 
4th ed., I, chs. 2-5, 10, 12-13; ii, chs. 15-16, 19. 

Eaton, Dorman B., The Government of Municipalities (1899), chs. x-xi, xiv. 
Fairlie, John A., Municipal Administration (1901), chs. xvii-xx. 

Fiske, John, Civil Government in the United States (1904), pp. 115-140. 
Goodnow, Frank J., City Government in the United States (1904), chs. iv-vm. 

- Comparative Administrative Law (1893), i, chs. iii-rv. 

- Municipal Problems (1903), chs. ii-iv, ix-x. 

Hart, A. B., Actual Government (1903), ch. xi. 

Hatton, A. R., Digest of City Charters (1906). 

Municipal Propam, National Municipal League (1900). 

National Municipal League, Proceedings of Conferences for Good City 
Government: 1894-1895, pp. 93-104 (Minneapolis); 119-124 (Milwau¬ 
kee); 407-417 (New Orleans); ibid., 1896, pp. 146-161 (Pittsburg). 
Rowe, L. S., Problems of City Government (1908), chs. vi-ix. 

Shaw, Albert, Municipal Government in Continental Europe (1897). 

- Municipal Government in Great Britain (1895). 

Wilcox, Delos F., A Study of City Government (1897). 

* Since their duties are chiefly confined to determining questions of policy, the actual work 
of administration being left to permanent salaried officials. 






MUNICIPAL ORGANIZATION 


59 


QUESTIONS AND EXERCISES 

1 . Does your council consist of one chamber or of two? Advantages and 
disadvantages of each plan of organization? 

2 . Of how many members does your council consist? How does it com¬ 
pare in size with other city councils in your State? Give the qualifica¬ 
tions, term, and salary of members. 

3. Are the members elected by wards, by districts including several wards, 
or at large? What are the advantages of each method, or of a combina¬ 
tion of two methods? 

4. Give the boundaries of the ward or district in which you live. Who is 
your representative in council? 

5. Are members nominated by party conventions, direct primaries, or by 
petition (nomination papers) ? \^ch method do you consider prefer¬ 
able? 

6 . Name the officers of the council. How chosen? Duties? 

7. How do the police powers of your council compare with those described 
in Section 65 ? 

8 . Describe the financial powers of your council under the following heads: 
(a) taxation, (b) appropriations, (c) borrowing power. Make a list of 
the purposes for which the council may exercise each of these powers. 

9. What power has your council over the administrative departments of 
the city (such as the police or fire departments) ? Does it appoint and 
may it remove administrative officers? 

10 . How many committees in your city council? How chosen? Name the 
important ones. 

11 . State the advantages and defects of the committee system of legisla¬ 
tion. 

12 . What is a city ordinance? Where does the council derive its power to 
pass ordinances? With what higher laws must a municipal ordinance 
conform? 

13. Describe the procedure, step by step, by which an ordinance is passed. 
Compare with the procedure described in Section 68. 

14. Has your mayor the veto power? If so, what vote is necessary to pass 
an ordinance over his veto? 

15. Under what conditions may your council grant a franchise? 

16. When does your council meet? Where? Visit a council meeting and 
write an account of it. 

17. State the following facts concerning your mayor: how elected, term, 
qualifications, salary, how removed. 

18. Describe fully the mayor’s legislative powers. Has he any judicial 
powers? 

19. What administrative officers does the mayor appoint? Can he remove 
these officers? Is the consent of the council necessary in either case? 

20 . What degree of control does your mayor exercise over the city admin¬ 
istration? Which of the three types of mayors, described in Section 71, 
does he resemble? 

21. In case of a serious disorder or riot in your city, what would be the duty 
of the mayor? 

22. Make a list of the other important executive officers of your city. State 
how they are chosen and describe their duties. Do these officers be¬ 
long to the same political party as the mayor? Are they subject to his 
control? 


60 GOVERNMENT AND POLITICS 

23. Make a list of the various boards and commissions in your city govern¬ 
ment. How is each chosen? State the number of members, terms, and 
duties. 

24. What are the advantages and disadvantages of the board system of ad¬ 
ministration as compared with single commissioners or heads of depart¬ 
ments? 

25. Is there a civil service commission in your city? If so, describe its 
duties. 

26. What courts exist in your city? Over what cases have they jurisdiction? 
How are the judges chosen? Is there a juvenile court? If so, describe 
its working. 

27. Make a study of the last financial statement of your city and prepare 
a report showing: (a) the amount and sources of the city’s income for 
the fiscal year, (b) the amounts and objects of the city’s expenditures 
for the same period. 

28. W^hat is your city tax rate? Compare with the rates for the last ten 
years, and prepare a chart showing fluctuations in rates, by years. Com¬ 
pare your municipal tax rate with that of another city in your State 
which has about the same population. 

29. What is the gross debt of your city? Is there a sinking fund? What is 
the net debt? How is this debt to be paid? What is the borrowing 
capacity of your city? How near is it at the present time to the debt 
limit? 

80. Make the same comparison with regard to your city’s debt as suggested 
in question 28 for the tax rate. 


CHAPTER VI 


MUNICIPAL ACTIVITIES 

75. Police Administration. Police administration in its 
broadest meaning includes the entire system of internal 
administration by which the State regulates the conduct of 
the citizen. In a narrower sense, the term police denotes the 
special machinery established for the preservation of order 
and the detection and punishment of crime. This function 
is especially important in urban communities because of the 
concentration of population; and it is usually entrusted to 
an organized force of men who patrol the streets, together 
with special magistrates or police judges who deal sum¬ 
marily with petty offenders. 

The chief function of the police is to enforce the laws and 
ordinances. More in detail, their duties are to preserve the 
public peace (suppressing riots, dispersing dis- 
orderly assemblages, and maintaining order at 
elections and public meetings); to patrol the streets for the 
special purpose of preventing crimes and misdemeanors 
(with power to arrest persons without warrant when taken in 
some criminal act); to protect the rights of persons and pro¬ 
perty; to inspect places of public amusement and those where 
liquor is sold; to regulate street traffic so as to prevent 
blockades; to restrain the crowds which gather at fires, and 
on other occasions; to care for persons who are injured on 
the streets; to assist and advise strangers; and in fact, to do 
all things which relate to the orderly conduct of the city.^ 

76. Control of Police Administration. Control of the 

^ In continental Europe, especially in Germany and France, the duties of the police in¬ 
clude a close surveillance over inhabitants and visitors, involving the keeping of records of 
the occupation and movements of an immense number of persons, especially of the criminal 
and suspicious classes. 


62 


GOVERNMENT AND POLITICS 


police force and final authority in administration is vested 
Oommis- either in a single commissioner or in a police 
boM? board. The single commissioner system prevails 

systems jn most of the smaller municipalities of the 

United States, as well as in such large cities as New York, 
Chicago, Philadelphia, Boston, Detroit, Minneapolis, and 
Syracuse. The board system formerly prevailed in nearly 
all the large cities, and is still found in St. Louis, New 
Orleans, and many others. 

To aid in securing men who are qualified mentally and 
morally for their responsible office, the civil service prin- 
oivii ciple is applied to the police force in many cities, 
service including those of Wisconsin, Massachusetts, 
New York, and Ohio. Appointments are based upon the 
results of competitive examinations, and tenure of office is 
permanent, removal occurring only for specific cause and 
after a public hearing. 

In the United States control of the police has generally 
been left to the municipal authorities with practically no 
state supervision on the part of the State government.^ 
supervision However, the courts have uniformly held that 
police officers are not private but public or State officers, 
and that in controlling police the municipalities act merely 
as agents of the State. Some form of State supervision is 
justifiable, since the duty to enforce State laws devolves 
upon the police, and final responsibility for the maintenance 
of law and order rests upon the State government.^ 

77. Protection from Fire. The nature of city building 
renders adequate protection from fire one of the most impor¬ 
tant municipal functions.^ There is considerable diversity 
in the organization and equipment of fire brigades. Cities 

* Exceptions to this statement occur in Kansas City, St. Louis, Baltimore, San Francisco, 
Boston, Fall River, Birmingham, and a number of Indiana cities, where the police force is 
controlled by a board or commissioner appointed by the State government. In most foreign 
countries, state control or a large degree of supervision is the rule. 

* The reasons for the adoption of a system of State-appointed police have been: (1) gen¬ 
eral dissatisfaction with local police management; (2) the neglect of the cities to enforce State 
laws, especially those in regard to the liquor traffic; (3) partisan political motives. 

* The annual loss from fire in the cities of the United States is about $60,000,000. 


MUNICIPAL ACTIVITIES 


63 


under 10,000 still depend almost exclusively upon volunteer 
companies; those between 10,000 and 30,000 commonly 
have a small force of regular firemen with a large number of 
call men; while in cities of over 30,000 the entire force usu¬ 
ally consists of regulars. Nearly all municipalities with over 
30,000 inhabitants have steam fire-engines, the pumps of the 
waterworks furnishing the necessary pressure. In efficiency, 
equipment, and discipline, American fire departments are far 
in advance of those of any other country. 

78 . Control of Public Health. To control those agencies 
which threaten the health of its citizens nearly every muni¬ 
cipality with over 10,000 population has a locally 

chosen board of health or health officer; while the health 
larger cities have a force of sanitary inspectors 
and assistants. The duties of the municipal health depart¬ 
ment are manifold, but may be classified under three 
general heads: ( 1 ) Precautionary or preventive measures, 
including regulation of the sale of food products (to prevent 
unwholesome food or adulterated milk from being offered in 
the market), regulation of offensive trades, control of the 
construction of buildings, of ventilation, of smoke consump¬ 
tion, drainage, plumbing, and special supervision over the 
removal of garbage and waste. ( 2 ) Control of cases of 
infectious disease, by requiring physicians to report all such 
cases to the health department, and by insisting upon 
isolation of dangerous cases in city hospitals, and the em¬ 
ployment of scientific methods of disinfection. (3) Collec¬ 
tion of vital statistics, or statistics of births, marriages, and 
deaths. 

In the United States, as in all the principal countries, a 
central authority exercises a general supervision over local 
health officials. State boards of health have been state boards 
established in forty-three States, with original 
authority in certain matters, as well as supervisory powers 
over local officials. 

79 . Public Education. The administration of public 


64 


GOVERNMENT AND POLITICS 


schools is a most important function of city government, and 
Board oi one for which a large portion of municipal re¬ 
education venue is expended. In practically all American 
cities the central authority in control of schools is the board 
of education or school board. ^ In some municipalities this 
board is regarded as one of the several departments of the 
municipal government; while in others the board of edu¬ 
cation is a public corporation, separate and distinct from 
the city corporation. In the former class of cities the board 
makes a detailed estimate of the funds needed for school 
purposes during the ensuing year, this estimate being then 
passed upon by some other municipal authority, generally 
the city council. ^ In the second class of cities the board 
itself has sole control of taxation for school purposes 
(provided the levy does not exceed a certain maximum rate 
fixed by State law); and also has the uncontrolled expend¬ 
iture of school funds.^ 

The size of the school board varies, the common number 
being five, seven, or nine. Popular election is the prevailing 
size, term, method of filling the position, although in some 
and election cities the members are chosen by the mayor or 
council. Election is either by general or district ticket, 
that is, members are either chosen by the city at large * 
or else from certain districts or wards. The term ranges 
from two to five years. 

In nearly all cities the board of education purchases school 
sites, erects and maintains school buildings, and furnishes 
Punctions necessary supplies, sometimes even providing free 
text-books. Other important functions are the 
employment of a superintendent and teachers, adoption 
of courses of study, and selection of text-books. 

1 Buffalo is the only American city of importance in which the public schools are in charge 
of a committee of the city council. 

* In this class are Philadelphia, Chicago, San Francisco, Detroit, Newark, Milwaukee, 
Louisville, Providence, St. Paul, and many others. 

* This is the position of the board of education in Pittsburg, Indianapolis, Boston, Denver, 
Minneapolis, Omaha, Lincoln, Allegheny, St. Louis, Rochester, and in all Ohio cities. 

* This is the common plan in the larger cities. 


MUNICIPAL ACTIVITIES 


65 


The superintendent chosen as head of the educational ad¬ 
ministration serves for a term varying from one to six years 
— generally for two, three, or four years. The guperin- 
powers of this officer vary widely in different tendentoi 
cities, but the tendency is to give him a large 
control over the educational side of school administration, 
including the appointment of teachers and recommendation 
of text-books and courses of study, generally subject to con¬ 
firmation by the board of education. 

A clerk or secretary is chosen to look after business de¬ 
tails, and in a few cities a school director is em- other 
ployed to look after the physical side of school 
administration. ^ 

Within recent years free public libraries, one of the most 
important aids to education, have had a wonderful develop¬ 
ment. Such libraries are now maintained in pubuo 
nearly all cities whose population exceeds 25,000, 
as well as in many smaller ones. Administration of muni¬ 
cipal libraries is generally in charge of a board of trustees 
chosen by the mayor or council, or elected by the people. 

8 o. Public Recreation. Generous provision for public 
parks is of especial importance in the large cities with their 
congested population; but the need of such areas 
is strongly felt in the smaller ones as well. At the 
present time most cities whose population exceeds 40,000 
have provided a system of public parks, that is, have pur¬ 
chased and set aside tracts of land for public use and recrea¬ 
tion. In some municipalities the parks are connected in a 
chain by means of boulevards or parkways. Provision is 
frequently made for outdoor sports and for well-equipped 
park gymnasiums; and botanical gardens and zoological 
museums are sometimes included. 

Within the last decade there has been a strong movement 
in favor of municipal playgrounds, which afford an im¬ 
portant aid to the physical and moral development of city 

* As in Cleveland, Toledo, and Indianapolis. 


66 


GOVERNMENT AND POLITICS 


children. At the present time about two hundred American 
Public play- cities provide public playgrounds, many of which 
giounds equipped with apparatus for games and gym¬ 

nastics under the charge of competent directors. 

In most cities the management of public parks and play- 
Admin- grounds is under the control of a small board 

istration consisting of from three to five members, either 
elected by the voters or appointed by some municipal 
authority. 

81. Charities and Poor Relief. In the New England 
States and in New Jersey, poor relief is a municipal function 
Admin- even in the smallest towns. Elsewhere it is a 
Istration municipal function in a majority of the larger 
cities; while in the smaller ones (as in the rural districts 
generally), poor relief is chiefly a county function, although 
the cities often assist in the work. In the municipalities 
which carry on public charities, the authority in general 
charge is either a board of charities (generally unpaid), or 
a single salaried commissioner. 

The chief methods of affording relief are (1) through 

admission to public almshouses and hospitals; ( 2 ) outdoor 

relief, especially in the form of medical assistance 
Methods 1 « , / \ • • 1 

of poor to the sick; (3) municipal grants to private chant- 

able institutions; (4) the maintenance of public 
employment bureaus through which a systematic effort is 
made to secure employment for able-bodied persons out 
*of work; (5) the regulation of tenements so as to minimize 
the evils of the congested residence districts of the great 
cities. 

82 . The City Street. The concentration of heavy traffic 

in municipalities makes the question of streets a most im- 
Importance problem. Then too the social importance 

of the city street can hardly be overestimated, 
inasmuch as such municipal activities as waterworks, 
sewers, lighting and heating systems, and urban transporta¬ 
tion are absolutely dependent upon the street for their opera- 



A VIEW IN CENTRAL PARK, NEW YORK CITY 

The park is over 2i miles long, and over half a mile wide. It covers 843 acres, of 
which 185 are in lakes and reservoirs and 400 in forest, wherein over half a million 
trees and shrubs have been planted. There are 9 miles of roads, 5| of bridle paths, 
and 31 of walks. 



WILLIAM H. SEWARD PARK, NEW YORK CITY 
The Girls’ Playground. The park provides also grounds for the use of boys. 









A rUBLIC BATPI FOR BOYS, BOSTON 
On the l)ank may be seen a part of the ]iark and playgronnds. 



{By courtesy of the Playyround Association of America) 


FIELD HOUSE AT SOUTH FARK, CHICAGO 

In addition to playgrounds, out-door gymnasiums, and other recreation facilities 
the Chicago ]»arks provide indoor gymnasiums in wliich organized work is carried 
on through the winter The P'ield Houses contain also assembly rooms and libraries. 















MUNICIPAL ACTIVITIES 


67 


tion. These conditions seem to justify the statement that 
“the control of the streets means the control of the city.” ‘ 

The street lines of those American cities which have been 
systematically laid out have ordinarily followed the rect¬ 
angular plan, the streets crossing each other at street 
right angles. In some cases this plan has been 
greatly improved by means of diagonal streets radiating 
from the center of the city, together with sub-radiations 
from local centers.^ 

The principal materials used for street pavements are 
cobblestones, granite and Belgian blocks, wooden blocks, 
bricks, asphalt (sheet and blocks), macadam, and Paving 
gravel. No single material is best in all respects, 
and ordinarily the choice will be largely influenced by the 
question of cost. 

83. Street Cleaning and Removal of Waste. In most cities 
with over 30,000 population, a considerable portion of the streets 
is swept at public expense, and a force of men is employed to re¬ 
move garbage and other refuse. The primitive method of remov¬ 
ing garbage was to dump it upon adjacent land or in a near-by 
stream. With the rapid increase in urban population, a more scien¬ 
tific disposal of waste became imperative, and about seventy cities 
now employ garbage furnaces or cremators. 

84. Sewerage Systems. Modem sewerage systems date 
chiefly from the middle of the nineteenth century, and at present 
nearly all cities have underground sewers throughout a large part 
of their areas. The aim of modern systems is to remove sewage 
promptly, and dispose of it in such a manner as not to pollute the 
water, air, or soil. 

The first cost of constructing sewer systems, as in case of 
grading and paving streets, is usually borne by the abutting pro¬ 
perty-owners. The work is ordinarily done under the 
supervision of the municipality by the contractor mak- tion and 
ing the lowest bid, and the cost collected from the pro- malnton- 
perty-owners by special assessments. In some cities 
part of the original expense of these improvements is paid out of 

* Wilcox, D. F., The American City, p. 29. 

* The best arranged city in America, if not in the world, is Washington, planned by a 
French engineer, L’Enfant, in 1791. The streets range from eighty to one hundred and sixty 
feet in width, and broad transverse avenues intersect the rectangular streets, forming 803 
squares and circles comprising 407 acres of land. 


68 


GOVERNMENT AND POLITICS 


the general fund. The cost of maintaining both streets and sewers 
is generally borne by the city. 

85 . Water Supply. No function is of more vital concern 
to the modern city than that of furnishing its inhabitants 

with an abundant supply of water free from the 
Importsnco . 

specific germs of disease, and fit in every way for 

domestic and industrial uses. With the concentration of 
population, the difficulty of obtaining an adequate water 
supply increases, and the danger of contamination becomes 
greater. The chief sources of supply are the great lakes 
of the St. Lawrence system, flowing rivers, lakes among 
mountains and hills, and artesian wells supplemented by 
storage reservoirs. 

Water is supplied by the municipality in most of the 
large cities of the United States, as well as in many smaller 
Municipal ones. Of 175 municipalities with over 25,000 
ownership population, 133 own their waterworks; and it is 
now the almost universal practice for the smaller cities, in 
constructing waterworks, to adopt municipal ownership. 
The expense of conducting the water department is not 
paid out of taxes, but from rates or charges levied against 
users of the water. 

86 . Public Lighting. In the United States gas-works and 

electric-lighting plants are generally owned and operated 
Municipal private companies. Twenty-five cities own 

and private municipal gas-works as compared with nearly one 

thousand private plants; while about 800 cities 
own electric-lighting plants as compared with nearly 3000 
plants under private ownership. Most of the municipal 
electric-lighting plants are in the central group of States, 
and generally these are found in the smaller municipahties; ^ 
but a number of important cities including Chicago, Alle¬ 
gheny, Detroit, and Grand Rapids own their plants. 

87 . Street Railways. Our first street railways were con¬ 
structed about the middle of the nineteenth century; and 

^ Only twenty-three cities with over 25,000 population have municipal plants. 


MUNICIPAL ACTIVITIES 


69 


the striking growth of urban population in the following 
decades has made the question of urban trans- 
portation one of increasing importance. From and recent 
the first the construction and operation of street 
railways has been in the hands of private companies under 
franchises granted by the city council. Early franchises were 
for long periods, commonly fifty to one hundred years, ^ and 
generally imposed no restrictions upon the company except 
that of paving the street surface between the tracks. Gradu¬ 
ally cities came to realize that franchises have a monetary 
value, and that they should be granted only under condi¬ 
tions which will safeguard the interests of the public. Recent 
franchises are often limited to a term of twenty years, and 
provision is sometimes made for payment to the city either 
of a stated sum, or a certain percentage of the gross receipts. 
Other common franchise conditions establish a maximum 
fare (generally three to five cents), provide for universal 
transfers and improvement of the service, and reserve to the 
municipality the right to purchase the system. 

88 . The Problem of Municipal Monopolies. Writers on 
economics agree that in industries which are natural mono¬ 
polies (waterworks, gas and electric lighting- Relation 
plants, street-railway and telephone systems), 
permanent competition is impossible; but great nioaopoUea 
diversity of opinion prevails as to the public policy that 
should be followed with reference to these undertakings. 
The following courses are open to the municipahty in dealing 
with natural monopolies: — 

(1) The city may authorize a private company to perform 
the service in question by granting a franchise without 
making any effort to safeguard public rights or to secure 
an adequate return for the privileges conferred—a common 
policy in the earlier period of municipal history. 

(2) The municipality may grant franchises to private 
companies under conditions designed to protect the public 

1 In a number of cities perpetual franchises were granted. 


70 


GOVERNMENT AND POLITICS 


interest. This is now the common plan for street-railway 
and telephone systems, and is often followed in the case of 
lighting-plants. The principles that should govern the 
granting of franchises have been summarized by an eminent 
writer ^ as follows: — 

(a) Reservation to the municipality of power to determine 
the charges of public-service corporations. 

(b) Public control of capitalization and public supervision 
of corporation accounting. 

(c) Limitation of franchise terms to a period ranging from 
twenty-five to forty years. 

(d) Compensation to the municipality exacted in the form 
of lower charges rather than large financial returns. 

(e) At the expiration of the franchise, the plant at its 
appraised value to revert to the city. 

(3) The city may reserve to itself the ownership of the 
plant, while authorizing private operation. For example, 
the waterworks of Denver are owned by the city but leased 
to a private company; and the same plan is followed in case 
of the Philadelphia gas-plant, and the New York and Boston 
subways. 

(4) Municipal ownership and operation of local public 
utilities is urged by many as a remedy for the evils attend¬ 
ant upon our present franchise system. 

89 . Arguments for Mixnicipal Ownership. The chief ar¬ 
guments in favor of municipal ownership are: — 

(1) Public ownership eliminates one of the greatest evils in muni¬ 
cipal government — the corruption of oflScials by private corpora¬ 
tions desiring to secure franchises or other privileges. On this 
point Professor Ely says: “ Our terrible corruption in cities dates 
from the rise of private corporations in control of natural mono¬ 
polies, and when we abolish them we do away with the chief cause 
of corruption.” 

(2) Public ownership gives a fuller and more efficient service, 
securing the enlargement and extension of facilities as public 
needs may require. Private companies supply only those services 
which pay, public ownership those which are needed. 

^ Rowe, L. S., Problems of City Government, p. 2S9. 



(/'>/ coiirtesi/ of the Jfi tropolifan Water and Seiverage Board) 


A pumpino:-station of the AFetropolitan Water ^V'()rks at tin* Chestnut Hill Reser¬ 
voir, Roston, Mass. The building contains four pumping-engines whose combined 
capacity is 145,000,000 gallons of water daily. Eighteen different cities and towns 
are served by the system of which this is a part. 



A section of the Stony Rrook Conduit, Roston, Mass. When completed, this conduit 
will be about '.U miles in length, and will drain an areaof about .50 S(]uare miles 
formerly subject to inundation from the overflowing of Stony Rrook and its tribu¬ 
taries. The conduit provides an underground (diannel for this stream through 
which the water is conducted ijito the Charles River. 











TWO VIEWS OF THE SAME SCHOOL-YARD IN CLEVELAND, OHIO 

The upper shows the unsightliness resulting from neglect; the lower, the effect of 

making the yard into a school-garden. 
















MUNICIPAL ACTIVITIES 


71 


(3) Public ownership lowers rates to the community, since the 
public plant does not have to pay dividends on watered stock, 
or maintain a lobby or corruption fund, or buy out rival plants, or 
advertise or solicit business. 

(4) Public ownership secures impartial treatment for all con¬ 
sumers, ehminating secret rebates and other forms of discrimina¬ 
tion. 

(5) Better treatment of labor is claimed for public ownership, as 
well as the elimination of strikes and lockouts. 

(6) Public ownership aids civil service reform, since it necessi¬ 
tates the merit system in municipal administration. 

(7) The spirit of cooperation is promoted and civic interest en¬ 
couraged, thereby fostering better citizenship. 

(8) Public ownership tends to a diffusion of wealth, whereas 
private ownership of natural monopolies tends to concentrate 
wealth in the hands of a few. 

go. Arguments against Municipal Ownership. The 
principal arguments against municipal ownership are as 
follows: — 

(1) The present corruption and inefficiency of our city govern¬ 
ments would be greatly increased by enlarging the number of posi¬ 
tions which would become the spoils of the successful political 
party. 

(2) Public ownership is non-progressive, and would not expand 
facilities as rapidly as private ownership, which secures large in¬ 
vestments of capital through the inducement of large financial 
returns. Compare in this respect the state-owned railroads of 
Europe with the private-owned roads of the United States. 

(3) Public ownership would not lower rates, as public manage¬ 
ment is generally less efficient and economical than private manage¬ 
ment. The history of the Philadelphia gas-plant under municipal 
and under private operation is cited in proof of this claim. 

(4) Public ownership would increase enormously the bonded 
indebtedness of the municipalities, since the private plants would 
have to be purchased or new municipal plants erected. 


72 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, Roscoe L., The American Federal State (1903), secs. 497-515. . 
Beard, C. A., American Government and Politics (1910), ch. xxviii. 

- Readings in American Government and Politics (1910), ch. xxviii. 

Bemis, E. W., Municipal Monopolies (1899). 

Conkling, A. R., City Government in the United States (1894), chs. iv-xvii. 
Eaton, Dorman B., The Government of Municipalities (1899), chs. xv-xvii. 
Eliot, Charles W., American Contributions to Civilization (1898), no. vii. 
Fairlie, John A., Municipal Administration (1901), chs. viii-xii. 

Goodnow, F. J., City Government in the United States (1904), chs. ix-xiii. 
Howe, F. C., The British City (1907). 

Maltbie, Milo Roy, Municipal Functions (1898). 

Parsons, Frank, The City for the People (1901). 

Robinson, Charles M., The Improvement of Towns and Cities (1901). 
Rowe, L. S., Problems of City Government (1908), chs. x-xiv. 

Whinery, S., Municipal Public Works (1903). 

Wilcox, Delos F., The American City (1904). 

Willard, Charles D., City Government for Young People (1906), chs. ix-xxix. 
Wright, Carroll D., Outline of Practiced Sociology (1899), ch. ix. 

Zueblin, Charles A., A Decade of Civic Development (1905). 

- American Municipal Progress (1903), chs. ii-x. 


QUESTIONS AND EXERCISES 

1 . Is authority over police administration in your city vested in a single 
individual, or in a board of commissioners? Does the State government 
exercise any direct control in police affairs? 

2. Describe the organization of the fire department in your city. How 
many firemen are employed? What was the cost of police and fire pro¬ 
tection in your city last year? 

3. Are the police and fire departments under civil service rules? Give 
arguments in favor of this plan. 

4. Is your municipal health department under the control of a board, or a 
single commissioner? Describe the duties and work of this department. 

5. How many members on your board of education? Are they chosen from 
wards, districts, or at large? What are their terms? Their powers? 

6 . Name the principal officers of your board of education, and describe 
their duties. 

7. How many school buildings in your city? How are the teachers chosen? 
Does your board provide free text-books? Give arguments for and 
against this plan. 

8 . What was the cost of public education in your city last year? What 
per cent of the entire municipal revenues was expended for school 
purposes? 

9. How many pupils were enrolled in your public schools last year? In the 
elementary department? In the high school? How many graduated 
from high school last year? What per cent of those who enter the first 
grade complete the high-school course? Why do so large a number of 
those who enter school fail to complete the course? 

10 . Does your city have a free public library? What authority controls it? 
How many volumes in the library? 




MUNICIPAL ACTIVITIES 


73 


11. Describe your public park system, stating what authority is in control, 
and annual cost of maintenance. Name, locate, and give the areas of 
the principal parks. Are they well located and managed? 

12. Does your city maintain public playgrounds for children? Does it pro¬ 
vide municipal baths? 

13. Howis poor relief administered in your community? What was the cost 
last year? In what way is poor relief given? 

14. Is the cost of street paving paid out of the general fund, assessed upon 
property-owners, or is a combination of the two methods employed? 
Are your streets well paved? What materials are chiefly employed? 

’ Are the streets kept clean and in good repair? Cost of maintenance last 
year? 

15. Is your water supply under municipal or private control? If the latter, 
name the authority in charge. How is the cost met? Deseribe the sup¬ 
ply system and the distributing system. 

16. Are your streets lighted by gas or by electricity? Is the plant under 
public or private control? 

17. Give arguments for and against municipal ownership of waterworks 
and lighting-plants. 

18. When was the franchise granted under which your street railway oper¬ 
ates? When does it expire? What are its provisions respecting rates of 
fare, transfers, and paving between tracks? May the rates of fare be 
modified during the term of the franehise? Does the company pay the 
city an annual sum for the use of the streets? 

19. In awarding a street-railway franchise, should a city aim to secure a 
large financial return from the company, or should compensation to the 
community take the form of lower fares to passengers? Why? 

20. Give arguments for and against municipal ownership of street railways. 


CHAPTER VII 


ORIGIN OF STATE GOVERNMENTS 

91. The Establishment of Colonies. All of the original 

thirteen States with the exception of Georgia were estab- 
Coioniai lished as colonies during the seventeenth century, 
ciiarters early English method of colonization was to 

grant charters to commercial companies patterned after the 
famous East India Company. The most notable charters 
were those of the London and Plymouth Companies under 
which the colonies of Virginia and Plymouth were estab¬ 
lished. The charters generally named the individuals to 
whom the grant was made, defined in somewhat vague 
terms the territorial limits of the colony, and provided a 
framework of government. Ordinarily the granting of the 
charter preceded actual settlement; but Rhode Island and 
Connecticut — founded by emigrants from other colonies 
— did not receive charters until after the settlements had 
been made. 

92. Classification of Colonial Governments. With refer¬ 
ence to their internal organization and their relation to 
Royal pro- Great Britain, the American colonies may be 
cSrteroS^ classified as first, royal provinces; and second, 
colonies chartered colonies, including the proprietary and 
corporate types. The chartered colonies were governed 
under charters from the British crown which granted them 
substantial rights of self-government; while in the royal 
provinces the governor’s commission and instructions, and 
the laws of England so far as applicable, took the place of 
a charter. In the chartered colonies the absence of a royal 
governor made imperial control correspondingly weaker; 
and hence it was the policy of the British government to 


ORIGIN OF STATE GOVERNMENTS 


75 


transform chartered colonies into royal provinces whose ex¬ 
ecutive and judiciary should act directly under authority of 
the king. Throughout the greater part of the seventeenth 
century the chartered colony was the prevailing type;^ but 
ultimately a majority of these became royal provinces. 

During the half-cent ury immediately preceding the Amer¬ 
ican Revolution, seven of the colonies were royal provinces, 
namely. New Hampshire, New York, New Jersey, Royal 
Virginia, North Carolina, South Carohna, and 
Georgia. In these colonies the governor and executive coun¬ 
cil were appointed by the crown. 

The proprietary governments included Maryland, Penn¬ 
sylvania, and Delaware. In these colonies some favored 
individual or family — that of Lord Baltimore in proprietary 
Maryland and of William Penn in the other two 
— exercised the prerogatives which belonged to the crown 
in the royal provinces.^ But in both proprietary and royal 
colonies the government was subject to a considerable de¬ 
gree of popular control through representative assemblies 
whose powers waxed greater from year to year. 

Rhode Island, Connecticut, and Massachusetts were 
corporate colonies possessing charters which granted them 
a large degree of independence. In fact, “the cor- oorporat® 
porate colonies of New England were practically ®®i®^®» 
commonwealths and developed with scarcely any recogni¬ 
tion of the sovereignty of England.” ® In Connecticut and 
Rhode Island the people chose the governor and the execu¬ 
tive council, as well as the popular assembly. Under the 
charter of 1629, Massachusetts had similar powers; but 
the charter of 1691 established a government which was 
a compromise between the royal and corporate types. 

93 . Common Characteristics of the Colonies. Notwith- 

1 Until 1684 only two colonies, Virginia and New Hampshire, were definitely organized as 
royal provinces. 

* The proprietary colony was “a miniature kingdom of a semi-feudal type, and the pro¬ 
prietor was a petty king.” — Osgood, H. L., The American Coloniet in the Seventeenth 
Century. 

* Osgood, H. L., The American Colonies in the Seventeenth Century, Introduction, p. 28, 


76 


GOVERNMENT AND POLITICS 


standing these differences in governmental organization, the 
colonies possessed many attributes in common. First, all 
the colonies were dependencies of the British crown. Sec¬ 
ond, the colonists enjoyed the rights of British-bom sub¬ 
jects, and claimed the benefit of the common law of England 
as modified to meet the more democratic conditions of the 
new world. Third, local legislatures everywhere existed, the 
lower houses of which were chosen by popular suffrage; and 
these claimed a constantly increasing share in the affairs 
of government. Fourth, all of the colonies had a system of 
local self-government patterned more or less closely after 
English institutions. Finally, nearly all of the colonies had 
been granted charters during the early part of their history, 
and had thus grown accustomed to a fundamental law 
establishing a framework of government; and these charters 
eventually developed into the written constitutions now 
common to all the States. 

94 . The Colonial Legislature. The colonial legislature 
ordinarily consisted of two houses.^ The upper branch was 
Composition the governor’s council appointed by the crown or 
and powers governor (except in the corporate colonies). 

This council had a three-fold character, since it was an 
administrative body, a high court, and a branch of the legis¬ 
lature. The lower house or assembly consisted of represent¬ 
atives generally chosen for a term of one year.^ At first the 
representatives sat in joint session with the governor and 
his council; but gradually the assembly gained the right to 
sit apart from the council, and thus became a distinct and 
independent body, with the right to vote separately upon all 
legislation. The constitutional history of the colonies is 
marked by a series of contests between the governors and 
assemblies, especially over questions of taxation and expend¬ 
iture. At the outbreak of the Revolution (1775), the assem¬ 
blies had established their right, shared with the council, to 

* Except in Pennsylvania, Delaware, and Georgia. 

* The first representative assembly in America met in Virginia in 1619, only twelve years 
after the founding of the colony. 


ORIGIN OF STATE GOVERNMENTS 


77 


initiate legislation; and through their power to vote taxes, 
they had a considerable check upon the executive. 

95* The Colonial Governor. The powers of the colonial 
governor were large, especially in the early period of colo¬ 
nial history and in the royal colonies.^ The royal 
governor acted under direct commission from the 
crown, and had large powers of administration, including 
the appointment of judges and nearly all other officials. 
Moreover, in the royal and proprietary colonies the governor 
controlled the upper house or council, and had at all times an 
absolute veto upon measures passed by the legislature. In 
addition to the governor’s veto power, the British crown 
reserved the right to disapprove any colonial legislation 
— a prerogative from which only Connecticut and Rhode 
Island were exempt. 

96. Relations with Great Britain to 1760. England’s colonial 
policy down to the Revolution of 1688 was in general a laissez- 
faire (let-alone) policy, the colonists being left to work 
out their own salvation. Colonization was largely in aSapolloy 
the hands of private individuals, associations, or cor¬ 
porations, acting under authority of royal charters or simply by 
sufferance of the crown. Governmental authority was distributed 
among a number of separate colonies — of which there were twelve 
in 1684; and over these Parliament exercised only the slightest 
control. The territories in America were regarded as the domain 
of the crown, and not until the time of the Commonwealth (1642- 
1660) did Parliament concern itself actively with colonial affairs. 

The period from 1688 to 1715 was marked by an increased inter¬ 
est in colonial affairs owing to Great Britain’s desire to utilize the 
resources of the colonies in the development of her own Extension 
national power. By the navigation acts of the Com- of imperial 
monwealth and Restoration governments. Parliament 
undertook to regulate colonial commerce and industry in accord¬ 
ance with prevalent mercantile theories. Since the existing colo¬ 
nial governments could not be relied upon to enforce the acts of 
navigation and trade, new administrative machinery had to be 

* The royal governor enjoyed such high prerogatives in colonial times that the first State 
constitution-makers, having learned by experience to fear executive authority, usually pro¬ 
vided for the supremacy of the legislature and gave their governors very little power.” — 
Beard, C. A., American Government and Politics, p. 5. 


78 


GOVERNMENT AND POLITICS 


devised. Accordingly the acts of 1696 established the Board of 
Trade and provided new customs officials and admiralty courts. 
The attempt begun by James II to vacate the charters of the 
proprietary and corporate colonies was followed up with a large 
measure of success; and by the close of 1691 the number of royal 
governments had been increased from two to five. In general, 
therefore, this period was one of closer imperial control. 

Then came a change. The years from 1715 to 1740 are known 
as the period of “ salutary neglect ” under Walpole, during which 
Period of colonies were improving their opportunities to de- 

salutary velop along their own lines, and were preparing to as- 
neglect sume an attitude of independence and later of defiance. 
For the most part the colonists were left to govern themselves; 
and accordingly they levied their own taxes, legislated on ques¬ 
tions of personal and property rights, and in general prospered 
through Great Britain’s neglect. 

The period from 1740 to 1760 was one of war, and naturally the 
chief interest in colonial affairs was from a military point of view. 
Period of was necessary to defend the colonies and at the same 

colonial time to attack the French in the St. Lawrence and 

wars Mississippi valleys. The colonies, especially those 

south of New York, seemed lukewarm in supporting the British 
troops; and hence the home government favored plans for colonial 
cooperation in military affairs, a policy which culminated in the 
Albany Congress. 

97. Policy of Imperialism. At length, when George III suc¬ 
ceeded to the throne of Great Britain (1760), a vigorous colonial 
policy was inaugurated. This monarch sought to rule 
George ra ^ reign; and his policy for the time arrested 

political progress in Great Britain, and eventually 
brought on the American Revolution. After years of laxity toward 
the colonies, the British government determined to carry out a pol¬ 
icy of imperialism,—that is, determined to unify the Empire by 
asserting the authority of Parliament throughout British domains. 
The colonial governors and judges were to be made independent 
of the assemblies; colonial trade regulations were to be vigorously 
enforced; and regular troops were to be stationed in America and 
supported in part by colonial taxes. 

The progressive imperial policy was doomed to failure not only 
American because its execution was entrusted to such tactless 
theory of ministers as Grenville and Townshend, but also be- 
relatUms long years of self-government had made the 

colonists independent in spirit and resolutely opposed to 


ORIGIN OF STATE GOVERNMENTS 


79 


surrendering any privileges of self-government. With regard to their 
relations to Great Britain the colonists made a distinction between 
allegiance to the crown and subjection to Parliament: the former 
was conceded, the latter denied. While the authority of Parliament 
was not utterly repudiated, the colonists insisted that a distinction 
must be made between general acts of Parliament for the purpose 
of regulating trade and commerce throughout the entire Empire, 
and acts which directly imposed taxes upon the colonies. The 
power of Parliament to regulate navigation and trade by general 
acts was admitted during the early part of the dispute; but inter¬ 
nal taxes the colonists declared could be lawfully levied only by 
the colonial assemblies. 

Shortly after the close of the French and Indian War, Parliament 
asserted its right to tax the colonies for the support of the Empire; 
and even declared its power to legislate for the colonies 
** in all cases whatsoever.” The crown, it was claimed, 
could grant no charters exempting the colonies from 
the supreme legislative authority of Parliament, which prevailed 
wherever the sovereignty of the crown extended. Hence the col¬ 
onists in their new home owed the same subjection and allegiance 
to the supreme power as if they resided in England. Parlia¬ 
ment’s legislative power over the colonies was therefore supreme 
and complete, including the power of taxation as well as of gen¬ 
eral legislation. 

98 . The Dispute over Representation. The colonists claimed 
exemption from the general authority of Parliament by virtue of 
the British constitution itself.^ Enghsh doctrine run- Taxation 
ning back to Magna Carta (1215) declared that taxes and repre- 
could be levied only with the consent of the people 
given through their representatives; and hence Parliament had no 
authority to levy a direct tax upon the colonists, since they were not 
represented in that body. In answer to this it was contended that 

virtual representation ” satisfied the meaning of the British con¬ 
stitution; and in that sense the colonists were represented in Parlia¬ 
ment. Much of the bitter controversy that followed arose from 
the conflicting views of America and Great Britain as to what con¬ 
stituted representation. 

In the colonies there had long been a distinct territorial basis for 
representation; thus in New England the towns, and elsewhere 
generally the counties, sent representatives to the colonial assem¬ 
blies. Moreover, residence within the particular district was com- 

* Also by virtue of their colonial charters and the “immutable laws of human nature.” — 
Declaration of Continental Congress of 1774. 


80 


GOVERNMENT AND POLITICS 


monly required for both voters and representatives. Hence the 
American niaxim “ no taxation without representation ” meant 
theory of to the colonist that no taxes should be levied except 
representa- by a legislative body in which was seated a member 
from his district chosen by its voters. 

In Great Britain a very different view of representation pre¬ 
vailed. In that country for many years no attempt had been made 
Representa- ^1^® apportion representation according to population.^ 
tion in Great As a result ancient boroughs like Tavistock or Old 
Britain Sarum with less than a dozen inhabitants continued to 
send one or two members to Parliament; while such flourishing 
cities as Birmingham, Leeds, Manchester, and Liverpool had no 
representatives at all. Three hundred and seventy-one members, 
or more than half of the House of Commons, were chosen by one 
hundred and seventy-seven persons. Notwithstanding this con¬ 
dition, all Englishmen were held to be virtually represented in the 
House of Commons, since in theory each member of that body 
represents not a single borough only, but all parts of the Empire.^ 

Hence the British government claimed that the colonists like 
other Englishmen were virtually represented in the House of Corn- 
Virtual mons; and if they did not directly participate in the 
representa- election of its members, they were at least no worse off 
in that respect than the great body of Englishmen at 
home. The American answer to this argument was, that in England 
the non-electors were under no personal incapacity to vote and 
might acquire the franchise, while the colonists could not. Further, 
in England the interests of the electors were inseparably connected 
with those of the non-electors, and a statute oppressive to one class 
would also be oppressive to the other; but the colonists had no such 
safeguard, for acts oppressive to them might be popular with the 
English electors. 

99. The Mercantile Colonial System. Underlying the polit¬ 
ical causes of the Revolution—disputes over royal prerogative and 
Economic questions of parliamentary and colonial rights — was 
theory a fundamental economic cause, the colonial system. 
coSnUes”* European powers including Great Britain looked upon 
their colonies as settlements made in distant parts of the 
world for the purpose of increasing the wealth of the colonizing 
country. Colonies were to furnish a market for the production of 
raw materials which the mother country wanted to buy, and for 


* No new Parliamentary boroughs had been created since the Restoration (1660). 

* English custom has never required that a member of Commons should be a resident of 
the district which elects him. 


81 


ORIGIN OF STATE GOVERNMENTS 

the consumption of manufactured products which the mother 
country wished to sell. 

In accordance with these doctrines, Great Britain passed a series 
of acts relating to navigation and trade which were designed to ex¬ 
ploit the colonies in the interests of English merchants qj 
and manufacturers. These consisted of (1) acts of navi- navigation 
gation intended to protect English shippers against 
foreign competition; (2) acts of trade designed to secure to English 
merchants a monopoly of colonial commerce; (3) acts giving to 
English manufacturers a monopoly of the colonial market. 

Although for many years the laws of trade were systematically 
evaded, this system of economic paternalism was a source of irri¬ 
tation and discontent to the robust people living three Results ol 
thousand miles away from the seat of power. At mercantile 
length, at the close of the French and Indian War 
(1763), the British ministry under Grenville’s leadership deter¬ 
mined to enforce the acts of navigation and trade in order to help 
defray the expenses of the war. Accordingly orders were sent to the 
American custom houses and the British war-vessels on the coast 
to use every effort to prevent smuggling. The rigorous enforce¬ 
ment of these acts threatened the commercial prosperity of the 
colonies; and the real issue between them and Great Britain be¬ 
came one of home rule — whether the colonies were to be allowed 
to map out their own destinies, or whether they were to be held 
in permanent tutelage to the British government. Economic free¬ 
dom or dependence was thus the fundamental issue. In the words 
of Bancroft: “ American independence, like the great rivers of the 
country, had many sources; but the head spring which colored all 
the streams was the Navigation Act.” 

100 . Resistance to Great Britain. The Stamp Act passed by 
the British Parliament in 1765 marked a crisis in the dispute 
between the colonies and Great Britain. As internal 
taxes the stamp duties were especially obnoxious to the gt^p 
colonists, and in consequence of the universal resistance 
to the measure it was repealed in 1766; but another act passed at 
the same time asserted Parliament’s power to legislate for the 
colonies “in all cases whatsoever.” 

Shortly after the repeal of the Stamp Act, the British govern¬ 
ment under Townshend’s leadership determined to try again to 
tax the colonies for imperial purposes. This time Great 
Britain endeavored to meet the colonists upon their 
own ground by discriminating between internal and 
external taxation. Accordingly the Townshend Acts (1767) levied 


82 


GOVERNMENT AND POLITICS 


duties upon certain imported articles,^ and were thus external taxes 
as defined by the colonists themselves. The proceeds were to be 
used to pay the salaries of the governors and judges, thus render¬ 
ing them independent of the contentious assemblies. ^ 'Writs of 
assistance were legalized, and the collection of the duties was fur¬ 
ther aided by the establishment of admiralty courts which should 
try revenue cases without a jury, thus preventing popular sym¬ 
pathy from shielding violators of the law. 

Popular resistance to the Townshend Acts was immediate and 
widespread. The colonists now abandoned their distinction be¬ 
tween internal and external taxation, and denied en- 
coloni?s°* tirely the power of Parliament to tax the colonies. The 
right of trial by jury was declared inalienable, popular 
control of the executive and judiciary was demanded as necessary 
to free government, and writs of assistance were denounced as 
illegal. Owing to this vigorous resistance the issue was sharply 
drawn whether Great Britain had the right to tax her colonies. 
The British government feared that to surrender the principle of 
taxation would be to abandon the policy of imperial control. At 
length Parliament repealed all the Townshend Acts except the 
tax on tea, thus removing everything but the offense, — “fixing 
the badge of slavery upon the Americans without service to their 
masters.” ^ 

From this time on, the chain of events in colonial history consists 
of a series of links leading to open rebellion. Non-importation 
agreements, the so-called Boston massacre (1770), the 
rwlsUnce burning of the Gaspee (1772), and the Boston Tea 
Party (1773), showed the resolute attitude of the col¬ 
onists. Great Britain, equally determined, replied in 1774 with 
the five “ intolerable acts,” and the die was irrevocably cast. 
Boston’s port was to be closed until the town should pay for the tea. 
The charter of Massachusetts was annulled, its executive and ju¬ 
dicial officers placed under royal control, its town-meetings deprived 
of nearly all powers of local government. The governor was 
empowered to send to Great Britain for trial any persons indicted 
for crimes committed in the suppression of riots or enforcement of 
the revenue laws. These three statutes constituted the coercive 
system; and to aid in their enforcement, a fourth act legalized the 
quartering of troops upon the inhabitants. Finally, the fifth act of 

* Including glass, lead, painters’ colors, paper, and tea. 

9 “The purposes for which the revenue was to be used showed clearly that the object of 
this legislation was not to regulate trade, but to assert British supremacy over the colonies 
at the expense of their political freedom,” — Fiske, John, The American Revolution, i, 31. 

* Junius (ed. of 1799), n, 31. 


ORIGIN OF STATE GOVERNMENTS 


83 


the series granted religious freedom to the people of Quebec, and 
extended the boundaries of that province southward to the Ohio 
River in defiance of the territorial claims of Massachusetts, Con¬ 
necticut, New York, and Virginia. This extensive region was to be 
governed by a viceroy with despotic power; and colonists who came 
to live there were to have neither popular meetings, nor habeas 
corpusf nor freedom of the press. ^ 

To these repressive acts Massachusetts could make but one 
answer — forcible resistance or absolute submission. Within two 
days after a copy of the port bill reached Boston, the 
Massachusetts committees of correspondence addressed 
the committees in all the colonies, recommending non¬ 
intercourse with Great Britain. When Governor Gage with four 
regiments sought to enforce the punishment meted out to Boston, 
sympathy and fear furnished the hitherto lacking bond of union 
among the colonies. The Virginia house of burgesses, dissolved by 
Governor Dunmore, recommended (May 27,1774) an annual Con¬ 
gress of all the colonies “ to deliberate on those general measures 
which the united interest of America may from time to time re¬ 
quire.” Accordingly, the first Continental Congress assembled at 
Philadelphia in September, 1774. After several weeks of discus¬ 
sion, this body adopted a Declaration of Rights and Grievances, 
and an agreement or “ Association ” pledging the colonies to sus¬ 
pend trade with Great Britain until redress should be obtained.^ 
But the period of discussion was rapidly nearing a close, and 
throughout the continent preparations were being made for forc¬ 
ible resistance. Within a few months came the appeal to arms. 
Actual hostilities were precipitated by Gage’s efforts to destroy 
the military stores at Concord (April 19, 1775); and the fight at 
Lexington and Concord marked the beginning of the Revolution. 

loi. Declaration of Independence. Redress of grievances 
rather than independence was the aim for which the American 
patriots took up arms in 1775; but by January of the Growth of 
following year it had become evident that there could spirit of in- 
be no middle course between complete separation or 
absolute submission. The growth of a spirit of independence had 
been greatly increased by the action of the British government in 
employing the Hessians, and also by the appearance, early in 1776, 
of Paine’s “ Common Sense,” a widely circulated pamphlet urging 
separation from the mother country. Beginning with the Mecklen- 

1 See the Declaration of Independence wherein the Quebec Act is cited as one of the griev¬ 
ances. 

a The “Association” was effectually supported by committees of inspection throughout 
the country. 


84 


GOVERNMENT AND POLITICS 


burg Resolutions of May, 1775, towns, counties, and colonial legis¬ 
latures sent memorials to Congress asking that independence be 
declared. By May 15,1776, the sentiment in favor of independence 
was so strong that Congress passed a resolution recommending to 
the colonies the formation of State governments, and declaring 
that the exercise of all authority under the crown of Great Britain 
should be totally suppressed. 

On June 7, 1776, Richard Henry Lee, of Virginia, moved the 
adoption of a formal declaration of independence; and a few days 
Oommitteo later acommittee was appointed consisting of Jefferson, 

ondeclara- John Adams, Franklin, Sherman, and Livingston, to 
draw up such a declaration. The draft was written by 
Thomas Jefferson, and on July 1 the committee made its report, 
which was formally adopted July 4. 

The Declaration really consists of three parts: the first contains 
an exposition of political philosophy, based largely upon John 
Locke’s great “ Essay on Government next follows 
declaration enumeration of grievances, twenty-nine in number, 
put forward as the justification for separation; and the 
third part consists of the declaration that the united colonies are 
free and independent States. The adoption of the Declaration 
marks the birth of a new nation, and the colonies thereupon 
assumed the title of the United States of America. 


GENERAL REFERENCES 


Andrews, Charles McLean, Colonial Self-Government (1904). 

Ashley, R. L., The American Federal State (1903), chs. iii-iv. 

Bancroft, George, History of the United States (1883), vol. in. 

Beard, C. A., American Government and Politics (1910), ch. i. 

- Readings in American Government and Politics (1910), chs. i-ii, 

Cambridge Modern History, vii. The United States (1906), chs. i-ii, v-vi. 
Channing, Edward, A Student's History of the United States (1904), pp. 130- 
166. 


Fiske, John, The American Revolution (1891), i. 

Greene, E. B., Provincial America (1905), chs. i-v, xi, xvi. 

Hart, A. B., American History Told hy Contemporaries, ii, chs. vii-xi, xxi- 

XXV. 

Howard, G. E., Preliminaries of the Revolution (1905). 

Ingram, J. K., History of Political Economy (1888), ch, iv. 

Landon, Judson S., The Constitutional History and Government of the United 
States (1905), chs. i-iii. 

Macdonald, William, Select Charters and Other Documents (1904), pp. 253- 
396. 


Osgood, Herbert L., The American Colonies in the Seventeenth Century (1904). 
Schouler, James, Constitutional Studies (1904), pp. 9-28. 

Story, Joseph, Commentaries on the Constitution of the United States (5th ed , 
1905), secs. 1-217. 


ORIGIN OF STATE GOVERNMENTS 85 

Thorpe, Francis N., Constitutional History of the United States, i, pp. 1-165. 
Thwaites, R. G., The Colonies (1904). 

Van Tyne, C. H., The American Revolution (1905), chs. i-ii. 

Woodburn, James A., The American Republic and its Government (1908), 

ch. I. 


QUESTIONS AND EXERCISES 

1. Point out the analogy between the colonial charters and our State con¬ 
stitutions. 

2. State facts tending to justify the statement that the colonial governor 
was a reduced copy of the British king. 

3. Prepare a report upon the mercantile colonial system. 

4. Describe the transition from colonial to State governments. (Bryce, 
James, The American Commonwealth, i, ch. xxxvii.) 

5. Contrast the American and British theories of representation during 
the eighteenth century. 

6. When was the British Parliament reformed and made really represent¬ 
ative? Effects of this measure? 

7. Explain the difference between a revolution and a rebellion. Give 
instances of each in British and American history. 

8. State and discuss the principal causes of the American Revolution. 

9. Name the principal grievances enumerated in the Declaration of Inde¬ 
pendence. 

10. Compare the declarations of rights of 1765 and 1774 with the Declara¬ 
tion of Independence, showing the growth of the spirit of self-govern¬ 
ment. 

11. Is taxation without representation always tyranny? Have we any 
instances now of taxation without representation? 

12. What were the chief political effects of the Declaration of Independ- 
ence? 

13. What was the effect of the American Revolution upon British politics? 
Upon the political situation in France? 

14. Compare our Revolution with the French Revolution as to causes, 
character, and results. 


CHAPTER VIII 


STATE CONSTITUTIONS 

102 . Early State Constitutions. New Hampshire,^ South 
Carolina, Virginia, and New Jersey adopted State constitu¬ 
tions before independence was declared; and by 
1780 all the States except two had followed their 

example. The two exceptions were Connecticut and Rhode 
Island, whose ancient charters were so liberal that with 
slight changes they served for many years as State constitu¬ 
tions.^ Of these eleven early constitutions, only that of 
Massachusetts was submitted to popular vote for ratifica¬ 
tion, a practice now almost invariable; but the conventions 
and congresses which framed the others acted in a repre¬ 
sentative capacity. 

The great significance of the Revolutionary constitutions 

lies in the fact that for the first time in history the people 

had ordained written constitutions superior to 
Signlilcance , . 

and limiting the government, and alterable only 
by the people themselves.^ The leading features of these 
constitutions were undoubtedly suggested by the colonial 
charters, which were modified to meet the new conditions 
created by the Revolution. 

103 . Parts of the State Constitutions. The early State 
Early con- constitutions ordinarily consisted of two parts: 
sututions first, the bill of rights, an enumeration of the civil 
and political rights of the individual; and second, an outline 

> On January 5, 1776, New Hampshire adopted the first State constitution formed by the 
people. 

* Connecticut adopted a new constitution in 1818, Rhode Island in 1842. 

8 A State constitution has been defined by Bryce as “a comprehensive fundamental law, 
or rather group of laws included in one instrument, which has been directly enacted by the 
people of the State, and is capable of being repealed or altered, not by their representa¬ 
tives, but by themselves alone.” — The American Commonwealth, i, p. 427. 


STATE CONSTITUTIONS 


87 


of the general framework of government, providing for 
executive, legislative, and judicial departments, and pre¬ 
scribing the qualifications for the suffrage. 

In addition to the foregoing, modern constitutions com¬ 
monly contain a large number of miscellaneous provisions 
relating to finance, education, corporations, taxa- Modern con- 
tion, and public institutions. The method of 
constitutional amendment is also prescribed; and sometimes 
a schedule is added providing for the method of ratification, 
and for the transition from the previous constitution to the 
new one. 

104 . Bills of Rights. Seven of the original thirteen States 
inserted in their first constitutions a declaration of the 
fundamental rights of the individual, and their 
example has since been generally followed. These 
declarations are the legitimate successors of such great Eng¬ 
lish bills of rights as Magna Carta (1215), Petition of Right 
(1628), and the Bill of Rights (1688); and they also re¬ 
affirm the principles of the American declarations of rights 
as avowed by the Stamp Act Congress (1765), the first 
Continental Congress (1774), and finally the Declaration 
of Independence (1776).^ 

The bill of rights commonly affirms the general principles 
of republican government, that all powers are inherent in 
the people and all free government formed by their 
authority; that elections shall be free and equal; 
and that the laws shall not be suspended except by the legis¬ 
lative assembly. Generally the fundamental rights of the 
individual are also asserted—that all men have certain in¬ 
alienable rights, including those of enjoying and defending 
liberty, and acquiring and possessing property. Other im¬ 
portant safeguards against oppression or injustice are often 
added, including guaranties of the right of free speech, trial 

t “The colonists had in vain contended that an act of Parliament against Magna Charta 
was void, and they therefore were explicit in defining the rights of the people which their own 
governments must not invade.” — Landon, J. S., The Constitutional History and Government 
of the United States, p. 60. 


88 


GOVERNMENT AND POLITICS 


Authority 


by jury, the free exercise of religious worship, and the right 
peaceably to assemble and petition the government for 
redress of grievances.^ 

105 . Early State Legislatures. The legislature consti¬ 
tuted the most prominent feature of the early State govern¬ 
ment, and its authority was unrestricted except by 
the bill of rights. Notwithstanding this large 

power, the duties of the early legislature were few, since the 
simple agricultural life of the eighteenth century involved 
few of the problems which confront the modern industrial 
State. 

With the exception of Georgia and Pennsylvania, all 
legislatures consisted of two branches, a lower and an upper 
house, each designed to act as a check upon 

Oomposltlon ^ o x- 

the other. Members of the lower house were 
everywhere chosen for a term of one year; while in a few 
commonwealths the members of the upper house were 
elected biennially. 

106 . The State Executive. Protracted contests with the 
royal governors had inspired the colonists with a profound 
Distrust oi distrust of executive power; and this feeling is 
executive reflected in numerous provisions of the early con- 

stitutions. The short term, the limited authority, 
and the ineligibihty of the governor to succeed himself in 
office were intended to prevent any danger of executive 
tyranny. The governor had the military powers formerly 
exercised by his colonial predecessor, but in most States he 
could not veto a bill,^ or grant a pardon, or make appoint¬ 
ments except to minor military and judicial offices. In 
several commonwealths the governor’s power was further 
restricted by means of an executive council modeled partly 
after the British Privy Council and partly after the colonial 
executive council. In five States the governor was chosen 
by the people, in the others by the legislature. 


^ For a typical bill of rights, see article i of the constitution of New York. 

* The Massachusetts constitution of 1780 set the precedent for future practice by confer¬ 
ring a limited veto which the legislature might overrule by a two-thirds vote. 


STATE CONSTITUTIONS 


89 


107. The Judiciary. The judicial power was vested in 
courts whose judges were either appointed by the executive 
or elected by the legislature. Good behavior was 

the judicial term originally adopted by a majority 
of the States. Of the three departments of government the 
judiciary was least affected by the Revolution. The prin¬ 
cipal change was the separation of legislative and judicial 
functions, the legislatures being deprived of any judicial 
powers formerly exercised. Another reform consisted in de¬ 
fining more accurately the jurisdiction of the various courts. 

108. Checks and Balances. The governmental checks 
and balances which formed a prominent feature of the early 
constitutions have been retained and elaborated separation 
in more recent ones. The most important of these 

is the separation of the executive, legislative, and judicial 
powers ^ by the creation of distinct departments for the 
exercise of each power. Upon legislative action there is now 
(although not in early constitutions) the check of the execu¬ 
tive veto; upon the executive and judiciary the legislature 
has a restraint through the power of impeachment; and 
finally, the judiciary constitutes a check upon both legis¬ 
lature and executive, since it may declare legislation uncon¬ 
stitutional, and may restrain executive agents from acts in 
excess of their authority. 

The second great principle included under the term 
“checks and balances” is that of division of powers between 
the State and federal government on the one Division 
hand, and between the State and local govern- 
ment on the other. Through this division each government 
is entrusted with those functions which it is best adapted to 
perform, and encroachment by one authority upon another 
is prevented by written constitutions defining the powers of 
each government. 

1 The first elaborate discussion of the principle of separation of governmental powers was 
that of the great French publicist, Montesquieu, whose work UEsprit dea Lena (The Spirit of 
the Laws), was published in 1748. Montesquieu wrote of the British government where 
separation of powers had ceased to exist in fact. Parliament having become the all-powerful 
element of the British government. 


90 


GOVERNMENT AND POLITICS 


109. Development of State Constitutions. Three periods 
may be distinguished in the development of State constitutions: 
first, from 1776 to 1800 (including the Revolutionary constitu¬ 
tions and the new constitutions adopted within the next twenty 
years) second, from 1800 to the Civil War; third, from the Civil 
War to the present time. 

no. Second Period, 1800-1860. The period from the begin¬ 
ning of the nineteenth century to the Civil War is marked by the 
democratic spirit which everywhere left its imprint 
upon political institutions. The principle became 
firmly established that a constitution should be framed 
by a special convention called for that purpose, and subsequently 
ratified by popular vote. The property qualifications formerly 
prescribed for voters were replaced in most commonwealths by 
universal manhood suffrage. The election of the governor was 
taken from the legislature and given to the people; and in most 
States the judiciary likewise became elective. 

Executive councils and councils of revision gradually disap¬ 
peared, and in several commonwealths the governor’s power was 
Executive further increased by granting him a limited veto, 
and legislat- Legislative power was somewhat restricted, first, by 
Iveauthor- prohibiting its exercise in certain directions; and 
second, by introducing into the constitution a large 
body of ordinary law upon subjects which in earlier days would 
have been left to legislative discretion. 

III. Third Period, i860 to the Present Time. Three 
important characteristics mark the third period in 
the development of State constitutions. First, the 
tendency to strengthen the executive and judicial 
departments. The terms of the governor and judges 
have been lengthened; and except in a single State 
(North Carolina), the governor has been entrusted with a limited 
veto upon legislation. 

The second characteristic is the placing of important limitations 
Legislative upon the power of the legislature. The limitations most 
power commonly found are those upon special legislation, 
concerning internal improvements, restricting the 
amount of indebtedness which may be incurred during any one 
year, and limiting the length of the legislative session. 

A third characteristic is the enlarging of the field of administra¬ 
tive activity. The agricultural State of the eighteenth century 


Executive 

and 

judiciary 

strength¬ 

ened 


1 The leading characteristics of the first period of constitutional development have been 
pointed out in Sections 102-107. 


STATE CONSTITUTIONS 


91 


has been succeeded by the modern industrial State, and the field 
of governmental activity has broadened accordingly. Admln- 
Hence recent constitutions include numerous provi- istratlvo 
sions concerning the public schools, charitable and re- ^cUvity 
formatory institutions, regulating the hours of labor and condi¬ 
tions in factories and workshops, protecting the public health, 
suppreping lotteries and gambling, regulating corporations, and 
providing for the government of municipalities. 

112. Enactment of State Constitutions. Many of the 
Revolutionary constitutions were drawn up by conventions 
or congresses which constituted the temporary Early 
form of government; and Massachusetts alone 

(in 1780 ) adopted the method of procedure since commonly 
observed of electing delegates to a convention for the ex¬ 
press purpose of framing a constitution, and afterwards 
submitting the instrument thus drafted to the people for 
approval. 

The States which have been admitted to the Union since 
1789 have entered it as organized self-governing commun¬ 
ities, with constitutions already formed. When .. . . 

. . , Aamission 

Congress decides to admit a territory to state- of new 

hood, it may pass an act empowering its people 
to hold a convention and enact a constitution; or Congress 
may accept and confirm a constitution previously drawn 
up by a territorial convention. 

113. Amendment of State Constitutions. Three different 
methods have been evolved whereby State constitutions 
may be amended. (1) About two thirds of the States pro¬ 
vide for amendment by a constitutional convention com¬ 
posed of delegates elected by the voters. (2) Another gen¬ 
eral method of amendment, found in all States except New 
Hampshire, is through legislative action subsequently rati¬ 
fied by popular vote. ( 3 ) Within the last decade several 
commonwealths have adopted a method of amendment en¬ 
tirely independent of the legislature, through the popular 
initiative and referendum. 

114. Amendment by Constitutional Convention. The 


92 


GOVERNMENT AND POLITICS 


convention method is universally employed when it is de¬ 
sired to adopt a new constitution to replace the existing one. 
Sometimes the State constitution itself provides for such 
conventions at regular intervals; and in seven common¬ 
wealths, the constitutions require a periodical vote of the 
people (once in seven, ten, sixteen, or twenty years) upon 
the question whether a convention shall be called. Else¬ 
where the initiative is left to the legislature, which may de¬ 
clare by vote or resolution in favor of a convention.^ After 
notice by publication, a vote of the people is taken on the 
question of calling a convention, and the legislature then 
acts in accordance with the result of the popular vote. If 
the majority has been favorable, the legislature arranges for 
the election of delegates to the convention, ordinarily from 
districts throughout the State; and also fixes the time and 
place for the convention sessions. After the convention has 
completed its work, the common practice is to submit the 
new constitution to the voters for their approval or dis¬ 
approval.^ 

115. Amendments proposed by Legislatures. Fre¬ 
quently, separate constitutional amendments are adopted 
Proposal which do not involve revision of the entire instru- 
and ment. These are usually proposed by the legis¬ 

lature and then submitted to popular vote. In 
some States only a majority vote of the legislature is re¬ 
quired for the proposal of amendments, but generally a 
special majority in each house is required, as two thirds or 
three fourths of the members. In several commonwealths 
amendments cannot be considered until they have been 
proposed by two successive legislatures. After the amend¬ 
ment is proposed, it must be ratified by the voters, special 
majorities of the popular vote being sometimes required. 

1 A majority of the States require a two-thirds vote of the members of both houses in order 
to pass such a resolution. 

* Of one hundred and fifty-seven constitutional conventions down to 1887, one hundred 
and thirteen submitted their work to the people and forty-four did not. — Jameson, J. A., 
Constitutional Conventions, p. 496. Sometimes an absolute majority of all qualified voters is 
required for ratification; generally only a majority of the votes cast at the polls. 


STATE CONSTITUTIONS 


93 


116. Amendment through the Initiative and Referendum. 
A third method of amendment, that of the initiative and 
referendum, is found in several commonwealths. For ex¬ 
ample, in Oregon eight per cent of the legal voters may pro¬ 
pose an amendment by petition. The proposal must be sub¬ 
mitted to the voters, and if it receives a majority of all votes 
cast thereon, it becomes a part of the constitution. A some¬ 
what similar method prevails in Oklahoma. 

117. Authority of State Constitutions. The constitution 

together with its amendments constitutes the supreme or 

fundamental law of the commonwealth, to which „ 

Supreme or 

all authorities, executive, legislative, and judicial, fundamental 
are subordinated. It is to be regarded as an or¬ 
ganic law made by the people themselves acting through 
special conventions; and its high authority is owing to the 
fact that its enactment is a direct exercise of popular sover¬ 
eignty. Hence the constitution overrides all minor State 
laws, and any act contrary to its provisions is null and 
void, and will be so declared by the courts if the act be 
drawn in question. On the other hand, the State constitution 
must not conflict with any provision of the federal constitu¬ 
tion, or with any federal statute or treaty authorized under 
that instrument. If it is claimed that such a conflict exists, 
the ultimate decision will be made by the federal courts. 


GENERAL REFERENCES 

Ashley, R, L., The American Federal State (1903), pp. 344-350. 

Baldwin, Simeon E., Modem Political Institutions (1898), ch. in. 

Beard, C. A., American Government and Politics (1910), pp. 78-98, 445- 
460. 

-- Readings in American Government and Politics (1910), ch. v. 

Black, H. C., Handbook of American Constitutional Law (1897),chs. i, iii. 
Borgeaud, Charles, Adoption and Amendment of Constitutions in Europe 
and America (1893). 

Bryce, James, The American Commonwealth (1907), i, chs. xxxvii-xxxviii. 
Cleveland, F. A., The Growth of Democracy in the United States (1898), ch. v. 
Cooley, Thomas M., Constitutional Limitations (1903), ch. in. 

Dealey, J. Q., Our State Constitutions (1907). 

Hart, A. B., Actual Government (1903), ch. in. 

Hitchcock, H., American State Constitutions (1887). 



94 GOVERNMENT AND POLITICS 

Jameson, J. A., Constitutional Conventions (4th ed., 1887). 

Lalor, John J., Cyclopedia of Political Science (1881), i, “The Constitutional 
Convention.” 

Landon, Judson S., The Constitutional History and Government of the United 
States (1905), ch. iv. 

McClain, E., Constitutional Law in the United States (1905), ch. ii. 

Phillips, J. B., Recent State Constitution-Making; University of Colorado 
Studies (1904). 

Schouler, James, Constitutional Studies (1904), pp. 45-69. 

Thorpe, F. N., Constitutional History of the United States (1901), i, pp. 166- 
184. 

- The Federal and State Constitutions (1909). 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 342-348. 

QUESTIONS AND EXERCISES 

1 . When, by whom, and under what circumstances was the constitution 
of your State made? 

2 . Was it ratified by popular vote? Why should the people vote upon this 
question? 

3. How many constitutions has your State had in all? Has any proposed 
constitution ever been rejected by the voters? 

4. Does the present constitution of your State lack any of the parts named 
in Section 103? 

5. If there is a bill of rights, make a list of the rights enumerated. Com¬ 
pare with those asserted in Magna Carta, the Bill of Rights (1688), 
the Declaration of Independence, and the Constitution of the United 
States. 

6 . Give reasons for the increased number of miscellaneous provisions in¬ 
serted in recent State constitutions (Sec. 111). Compare the number 
and content of the miscellaneous provisions in your State constitution 
with those of a recent constitution, e. g., Oklahoma, and also with those 
of an older constitution, e. g., Massachusetts. 

7. How many amendments have been added to your State constitution? 
Make an outline showing in a few words the general subject-matter of 
each amendment. 

8 . Compare the amendments of your State constitution with those of the 
constitution of some other State. 

9. Describe in detail the method by which your State constitution may be 
amended, giving (a) the method of proposing amendments, and (b) the 
method of ratification. 

10. Suggested readings on State constitutions : Kaye, P. L., Readings in 
CivU Government f pp. 261-281. 



CHAPTER IX 


THE STATE LEGISLATURE 

118. Composition of the Legislature. The State legisla¬ 
ture or general assembly invariably consists of two houses, 
the smaller of which is called the senate, the more a two- 
numerous being styled the house of representa- 
tives, or assembly, or house of delegates.^ The two houses 
have practically equal powers, differing chiefly in the num¬ 
ber of members, in the length of their term, and in certain 
special duties imposed upon each branch. The average 
membership of the senate is about thirty, while the house of 
representatives is generally three or four times as large. 

For the purpose of electing members, the States are di¬ 
vided into as many senatorial and house election districts 
as there are members in the respective houses, the Election 
senatorial districts being considerably larger than 
the house districts.^ In many commonwealths the county is 
the unit for districting, each county electing one or more 
members to the house, according to its population; while 
several coimties are united into a single district to elect a 
senator. 

An objection frequently urged against our method of 
electing legislators is that these oflScers represent not the 
entire body of voters, but the majority only, 

Various plans of securing minority representation representa- 
have been proposed. One of these is the cumulat¬ 
ive vote, which gives each elector as many votes as there are 
places to be filled, and allows him to distribute his votes as 

1 Three States, Pennsylvania, Georgia, and Vermont, have experimented with legis¬ 
latures consisting of a single house, but at present the two-house plan is universal. 

* In New England (excepting Massachusetts), each town ordinarily elects one or more 
members of the lower house of the legislature. 


96 


GOVERNMENT AND POLITICS 


he pleases.' By concentrating their votes upon one candi¬ 
date, a large minority in any district is thus assured of repre¬ 
sentation. 

119 . The Members of the Legislature. Members of the 
legislature are chosen by voters possessing the qualifications 
QuaUfica- as to age, citizenship, and residence prescribed by 

the State constitution. Several commonwealths 
also have ah educational or property qualification. As a 
rule, a person eligible to vote is also eligible to membership; 
but holders of public office. State or federal, are generally 
disqualified from sitting in the legislature. In a few com¬ 
monwealths, the age qualification for the Senate is higher 
than that for the house. In all States, either by law or cus¬ 
tom, members must reside in the district from which they 
are elected. 

The term of a senator is generally longer than that of 
a representative, although in eighteen commonwealths it 
Term and is the same. In two thirds of the States, senators 
salary elected for four years, while the common term 

for representatives is two years.^ In twenty-four States 
the senate differs from the house in being a continuous body, 
only half of its membership being renewed at one time. 
Senators and representatives receive the same compensa¬ 
tion, either an annual salary or a per diem compensation 
based upon the length of the legislative session. 

120 . Organization and Procedure. The time for the 

meeting of the legislature is fixed either by the State con- 
LegisiaUve stitution or by statute. Annual sessions, formerly 
sessions common practice, are now held in only six 

States; ® while elsewhere sessions are biennial.^ Special 


* This is the method followed in Illinois in the election of members of the lower house of 
the legislature. Three representatives are chosen from each district, and the voter may cast 
as many votes for one candidate as there are representatives to be elected, or may distribute 
his votes or equal parts thereof as he sees fit. 

* Massachusetts and Rhode Island retain the old practice of annual elections for both 
senators and representatives; New York and New Jersey elect representatives annually. 

* Georgia, Massachusetts, New Jersey, Rhode Island, New York, and South Carolina. 

* Except in Mississippi and Alabama, where the regular meetings are held every four 
years. 


THE STATE LEGISLATURE 


97 


sessions may be called by the governor if occasion requires, 
or the legislature itself may adjourn to meet later in special 
session. The length of the session is often restricted to 
forty or sixty days. In case the two houses fail to agree 
upon a time for adjournment, the governor may adjourn 
them. The legislature sits at the State capitol, or State 
house, each branch having its separate chamber. 

The internal organization follows closely that of Con¬ 
gress. Each house chooses its own officers (except that 
the lieutenant-governor is frequently the presiding 
officer of the senate). In each house there is a 
body of standing committees, generally appointed by its 
presiding officer, and a group of party leaders who act as 
a steering committee. Some legislatures, following the pro¬ 
cedure in Congress, have a committee on rules which de¬ 
termines the order in which measures shall be considered. 
Each house determines its own rules of procedure; exercises 
the exclusive right of deciding upon the election and 
qualifications of its members; keeps a journal or record of 
its proceedings; disciplines members for disorderly or 
contemptuous behavior, even to the extent of expelling 
them; ^ and punishes persons guilty of contempt of the 
house or breach of its privileges. The legislature has the 
power to compel the attendance of witnesses and the pro¬ 
duction of papers when necessary to obtain information in 
aid of legislation; or it may appoint committees and in¬ 
vest them with these powers. 

During the sessions, members of the legislature are priv¬ 
ileged from arrest on civil process; ^ and they privileges 
also have the privilege of freedom of speech as to 
utterances made in the discharge of their official duties. 

* A two-thirds vote is ordinarily required to expel a member. 

* “ The object of the privilege from arrest is to exempt members from being interfered with 
by judicial procedure while in the discharge of their duties. At other times and in other re¬ 
spects they are subject to the jurisdiction of the courts as fully as private persons. Indeed, 
the exemption is of little practical value, as arrest or seizure of the person is no longer gener¬ 
ally authorized except for crime, and all crimes of a serious nature are included within the 
description of treason, felony, and breach of the peace.” — McClain, E., Corutitidional 
Lava in the United States, p. 69. 


98 


GOVERNMENT AND POLITICS 


I2I. The Enactment of Laws. No law can be passed 
except by bill, which may be defined as “a written draft 
Introduction of a proposed act of legislation.” ^ A bill may 
oibius originate in either house (except bills for raising 
revenue, which under most constitutions must originate in 
the lower branch). Bills may be introduced by any member, 
or by a committee, or by a message from the other house.^ 

Upon introduction the bill is read (usually by title only), 
and referred to the appropriate standing committee. If 
Process of favorably considered by the committee, it is 
legislation printed and reported back to the house with such 
amendments as the committee may favor. The bill now 
receives its second reading,® being read and debated section 
by section, and may be adopted, rejected, amended, referred 
back to the committee, or referred to the committee of 
the whole ^ for further consideration. If the bill passes upon 
second reading, it is generally referred to the committee on 
revision. It is then engrossed, that is, copied in legislative 
script, after which it is reported back to the house for its 
third reading and final vote. Many constitutions provide 
that on the final vote on every bill, the yeas and nays shall 
be entered upon the journal. This provision is intended 
to fix upon each member his due share of responsibility 
for legislation, and also to furnish conclusive evidence of 
the passage of a bill by the requisite majority. Some con¬ 
stitutions provide that all bills, or all bills on certain sub¬ 
jects, must receive a majority vote of the members elected; 
otherwise, a simple majority of a quorum ® is suflficient. 

After a measure passes one house, the engrossed copy is 
Joint action sent to the other house, where the same process is 
necessary repeated. A measure which has passed one house 

1 Black, H. C., Constitutional Law, p. 325. 

* In all States the governor has power to recommend legislation in his message. 

s In some legislatures the second reading follows immediately after the first reading by 
title; but the constitutions of many States require separate readings on different days. 

^ The committee of the whole is the entire house acting as a committee. 

® By a quorum is meant the number necessary to transact business — generally a majority 
of the members elected. 


THE STATE LEGISLATURE 


99 


may be altered, amended, or rejected by the other; but to 
become a law, the same act must pass both houses in the 
same identical form. If the measure is amended, it must 
go back to the originating house. If this body does not 
concur in the amendments, an effort is made to reach an 
agreement through the appointment by each house of 
members of a conference committee. When a bill has passed 
both houses it is enrolled, then signed in open session by 
the presiding officer of each house, and presented to the 
governor. 

122 . The Governor’s Veto. In all commonwealths ex¬ 
cept North Carolina, every bill which has passed both 
branches of the legislature must be submitted to Exercise oi 
the governor for his approval. If he signs the meas- 

ure, it thereby becomes law; if not, he returns it with his 
objections to the house in which it originated, where the 
objections are entered at large upon the journal. Upon re¬ 
consideration the bill may become law notwithstanding 
the veto, provided it receives the votes of a suflficiently 
large majority (ordinarily two thirds of the members in 
each house). The governor generally has a period of ten 
days (excluding Sundays and holidays) in which to veto a 
measure. If he does not return the bill with his objections 
within this period, it becomes a law without his signature, 
unless the legislature by adjournment prevents its return. 
In a majority of the States the governor possesses the 
important power of vetoing particular items in an appro¬ 
priation bill, while approving the rest of the measure. 

Unless otherwise provided, an act becomes operative 
and in force from the time of its approval by the governor. 
In many cases statutes are passed to take effect 
either at the end of a stated period after approval, iites become 
or on publication in a specified manner. The ob¬ 
ject of postponing the time of taking effect is to enable those 
affected by a statute to advise themselves of its provisions. 

123 . Scope of State Legislative Power. The power of 


100 


GOVERNMENT AND POLITICS 


Private law 


the State legislature extends to every subject of legislation. 
Contrast unless in the particular instance its exercise is for- 
with bidden by some provision of the State or federal 

Congress constitution. Unlike Congress, which possesses 
legislative authority only over enumerated classes of sub¬ 
jects, the State legislature possesses general powers of legis¬ 
lation. If the question arises whether the legislature has 
power to pass a certain law, the presumption is that it can 
do so; and some positive prohibition either in the federal 
or State constitution must appear to overcome this pre¬ 
sumption.^ 

The possible subjects of State legislation may be classi¬ 
fied under three heads: — 

( 1 ) Ordinary private law, or the body of law which guides 
us in the every-day relations of life, as the law of 
contracts, domestic relations, property, torts, 

and crimes. 

(2) Administrative law, or the law relating to the carry¬ 
ing on of government, to the raising and expending of 
Aflministrat- revenues, and to the control of personal and pro- 
iveiaw perty rights so as to secure the general welfare. 
This includes legislation concerning local government, pub¬ 
lic works, education, corporations, charitable and penal 
institutions. 

(3) Local and special laws, or laws which apply to less 
Local and than a class of subjects, as measures granting 
special laws franchises to particular corporations, incorporat¬ 
ing certain local communities, and the like.^ 

124 . Non-Legislative Duties. Besides their power to 
Electoral make laws. State legislatures are charged with 

and Judicial the important function of electing United States 
functions ^ , 

Senators, and m some commonwealths, of elect¬ 
ing certain State officers. Generally, too, they may impeach 


* On the other hand, every act of Congress must be traced for its authority to the national 
constitution; unless it can be affirmatively shown that the power to legislate in the particu¬ 
lar instance is granted or implied by that instrument, it cannot be exercised. 

* More legislation of the third class, local and special, is passed than of both the others to¬ 
gether; and so excessive and objectionable has special legislation become that many States 
prohibit it altogether in regard to important classes of subjects. 



XEW YORK STATE CAPITOL AT ALBANY 



OHIO STATE CAPITOL AT COLUMBUS 




























































Reduced facsimile of a legislative bill 











THE STATE LEGISLATURE 


101 


any State oflScial for misconduct, the procedure in such 
cases resembling that in Congress. 


125. Limitations upon Powers of State Legislatures. 

Although in theory State legislatures are invested with general 
authority to make laws, in practice their action is checked by im¬ 
portant limitations. These limitations may be grouped under four 
heads: (1) those expressly imposed by the national constitution; 
(2) those implied from provisions of the national constitution, or 
from the nature of the relation between the States and the federal 
government; (3) those expressly imposed by the State constitu¬ 
tions ; (4) those implied from the republican nature of State gov¬ 
ernment. 

126. Limitations imposed by the Federal Constitution. 

The express limitations imposed by the federal consti- protect 
tution upon the legislative power of the States may be domain of 
grouped into two classes, with reference to the purpose 
for which they are imposed: — government 

(1) Restrictions designed to prevent the States from infringing 
upon the sphere of the national government. Thus no State may: 

(a) Enter into any treaty, alliance, or confederation; or, without 
the consent of Congress, enter into any agreement or compact with 
another State or with a foreign power. 

(b) Grant letters of marque and reprisal, or, without the consent 
of Congress, keep troops or ships of war in time of peace, or engage 
in war unless actually invaded, or in such imminent danger as will 
not admit of delay. 

(c) Coin money, emit bills of credit, or make anything but gold 
and silver coin a tender in payment of debts. 

(d) Lay any duty of tonnage without the consent of Congress, 
or levy any duties on imports or exports, except what may be 
absolutely necessary for executing inspection laws. 


(2) Restrictions designed to secure private and political rights 
from encroachment on the part of the States. Thus no 

_ aO SaZ6* 

State may: guard 

(a) Pass any bill of attainder, ex post facto law, or law private and 
impairing the obligation of contracts. 

(b) Grant any title of nobility. 

(c) Establish or allow slavery or involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted. 

(d) Make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States. 


102 


GOVERNMENT AND POLITICS 


(e) Deprive any person of life, liberty, or property, without due 
process of law. 

(f) Deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

(g) Assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave. 

(h) Deny or abridge the right of citizens of the United States to 
vote on account of race, color, or previous condition of servitude. 

127. Limitations implied from Federal Constitution. 
The second class of limitations upon the legislative power of the 
Exclusive States are those implied either from express provisions 
federal of the federal constitution, or from the nature of the 
powers relation between the States and the federal government. 
Thus in some cases the powers granted Congress are exclusive, 
either because so declared in express terms — as the power “ to 
exercise exclusive legislation ” over the seat of government; or 
because the subject-matter of the power is national in character, 
demanding a uniform system; for example, the power to establish 
a uniform system of naturalization.^ 

128. Limitations imposed by State Constitutions. The 

express restrictions imposed by the State constitutions upon legis¬ 
lative power may be grouped into two classes; (1) restrictions 
upon the scope of legislative power, for example, forbidding all 
legislation on certain subjects; 2 (2) restrictions upon legislative 
procedure, that is, prescribing the forms to be observed in enacting 
laws.^ 

129. Limitations implied from the Nature of Republican 
Government. Even if not expressly stated in the constitution. 


1 Similarly the provisions defining the jurisdiction of the federal courts; securing to the 
citizens of each State all the privileges and immunities of citizens in the several States; re¬ 
quiring that each State give full faith and credit to the public acts, records, and judicial pro¬ 
ceedings of every other State; enjoining interstate extradition; guaranteeing to each State 
a republican form of government, — all these provisions carry with them an implied pro¬ 
hibition of any State legislation which would impair their effectiveness. 

* Examples of subjects frequently prohibited are: statutes inconsistent with demo¬ 
cratic principles (favoring any religious denomination or granting titles of nobility); stat¬ 
utes against public policy (impairing the obligation of contracts, permitting lotteries); stat¬ 
utes which are private, local, or special in their nature (especially those designed to regulate 
the internal affairs of counties and municipalities); statutes increasing the State or local 
debt beyond a certain amount. 

* The following are illustrations of common restrictions upon legislative procedure: no law 
shall be passed except by bill, with a prescribed form for the enacting clause; appropriation 
bills must originate in the lower house; each bill must be read by sections on three dif¬ 
ferent days; the final vote on each bill must be taken by yeas and nays; no bill shall em¬ 
brace more than one subject, which must be clearly expressed in the title; no former act may 
be amended by reference to its title merely, without setting out its contents. 


THE STATE LEGISLATURE 


lOS 


certain limitations upon legislative power would be implied by the 
courts as necessarily resulting from the nature of republican gov¬ 
ernment. Thus from the principle of apportionment of powers 
among the three great branches of government, it follows that the 
legislature is entrusted with legislative power only, and may not 
usurp executive or judicial functions. Again, there are certain im¬ 
plied limitations upon legislative power as a result of the principle 
that the legislature is to be regarded as a trustee for the people. ^ 
130. Direct Legislation. By direct legislation is meant that in 
which the people participate directly, instead of acting through 
their representatives. The most common example is the The 
referendum, by which legislative measures are submit- reierendum 
ted to popular vote for approval or rejection.^ Early in our history 
it became an established principle that proposed constitutions or 
amendments should be referred to the voters for ratification. The 
referendum has since been employed to determine questions of 
ordinary legislation, as the incorporation of municipalities, the 
organization of counties and townships, location of county seats, 
incurring of indebtedness, granting of municipal franchises, and 
issuing of liquor licenses. The referendum affords a valuable check 
upon the action of State legislatures and municipal councils; and 
it also provides a certain means of determining whether proposed 
legislation is approved by public sentiment. 

The logical complement of the referendum is the initiative, by 
which a certain percentage of the voters are empowered to propose 
measures which must subsequently, with or without 
the intervention of the legislature, be submitted to 
popular vote. For example, the constitution of Oregon provides 
that any legislative measure may be initiated by a petition bear¬ 
ing the signatures of eight per cent of the voters, and containing 
the proposed measure in full. The petition must be filed with the 
Secretary of State at least four months before election day; and if 
approved by a majority of all those voting upon it at the election, 
the measure becomes a law.® The initiative and referendum in 

* Hence le^slative power may not be delegated to any other body or person, but must be 
exercised by the legislature itself; nor can public property or governmental powers (as taxa¬ 
tion and police powers) be surrendered to private persons. Public money raised by taxation 
can be appropriated and expended only for public purposes. Nor can the legislature pass any 
law which may not be repealed by a subsequent legislature, unless the act take the form of 
a contract founded upon a consideration. 

* “The referendum is a plan whereby a small percentage of the voters may demand that 
any statute passed by the legislature (with the exception of certain laws) must be submitted 
to the electorate and approved by a stipulated majority before going into effect.” — Beard, 
C. A., American Government and Politics, p. 463. 

* A recent Oregon statute provides for the publication and distribution of arguments for 
and against the propositions thus submitted to the voters for decision. 


104 


GOVERNMENT AND POLITICS 


some form have been adopted by nine commonwealths, including 
Oregon, South Dakota, Idaho, Delaware, Missouri, Montana, 
Utah, Maine, and Oklahoma. 


GENERAL REFERENCES 

Andrews, Jas. DeWitt, American Law (1900), pp. 435, 476. 

Ashley, R. L., The American Federal State (1903), ch. xviii. 

Beard, C. A., American Government and Politics (1910), ch. xxv. 

- Readings in American Government in Politics (1910), ch. XXV. 

Black, H. C., Constitutional Law (1897), ch. xiii. 

Bryce, James, The American Commonwealth (1907), i, chs. xl, xliv, xlv. 

Cleveland, F. A., Growth of Democracy (1898), chs. viii-xv. 

Commons, John R., Proportional Representation (1907). 

Cooley, Thos. M., Constitutional Limitations (1903), chs. v-vi. 

Forman, S. E., Advanced Civics (1905), ch. xxii. 

Hart, A. B., Actual Government (1903), ch. vii. 

Holst, H. E. von.. Constitutional Law of the United States of America (1887), 
pp. 267-285. 

McClain, E., Constitutional Law (1905), chs. v, viii. 

Oberholtzer, E. P., The Referendum in America (1900). 

Ordronaux, J., Constitutional Legislation (1893), ch. x. 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. iv-x. 

Roosevelt, Theodore, American Ideals (1899), no. v. 

Schouler, J., Constitutional Studies (1904), pp. 249-266. 

QUESTIONS AND EXERCISES 

1 . What is the oflBcial name of your State legislature? Of each house? 
How many members in each house? What are the qualifications for 
membership? 

2 . Give arguments for and against the requirement that a member must 
be a resident of the district which elects him. 

3. Draw an outline map of your State, and mark with different colors the 
boundaries of your State representative district, and of your State sena¬ 
torial district. 

4 . Is the division of your State into senatorial and representative districts 
an equitable one? Or has the gerrymander been employed to give one 
party an undue advantage? 

5. Examine the provisions of your State constitution concerning the num¬ 
ber and apportionment of senators and representatives. How often 
and under what restrictions may the legislature change this apportion¬ 
ment? 

6 . For what term are members of your legislature chosen? What salary do 
they receive? Is the senate a continuous body? 

7. Does your district frequently return the same members to the legisla¬ 
ture, or is rotation in oflSce customary? Who are the present members 
from your district? To which political party do they belong? Which 
party has a majority in your legislature? 

8. How often does your legislature meet? Is the length of the session lim¬ 
ited by the constitution? 



THE STATE LEGISLATURE 


105 


9. Name the officers of each legislative house. Principal duties of each? 

10 . Discuss the position of the speaker of the lower house, and compare his 
influence upon legislation with that of the lieutenant-governor. 

11 . Who are the leaders of the majority party in your legislature? Of the 
minority party? 

12 . How many committees in each branch of your legislature? Name the 
most important ones. 

13. Discuss the advantages and defects of the committee system. 

14. Describe the steps by which a bill is enacted into law in your State. 
Compare with the procedure described in Section 121 . 

15. What constitutes a quorum in each house of your legislature? How 
many votes are necessary in each house to pass a bill the first time? 
Over the governor’s veto? 

16. Organize your class into a house of the State legislature, and draw up 
and pass a bill in due form. (If possible obtain the assistance of your 
local representative.) 

17. Make a list of the chief subjects with which your State legislature may 
deal. Compare this with the list of subjects over which a city council 
or town meeting has authority. 

18. Examine the volume of laws passed at the last session of your legis¬ 
lature, and make an outline showing ten different subjects of legislation 
concerning which laws were passed. 

19. What are the special powers of each branch of your State legislature? 

20. Make a list of the most important limitations on legislative powers 
imposed by your State constitution. Pay especial attention to (a) lim¬ 
itations upon financial powers; (b) restrictions upon local or special 
legislation; (c) regulation of legislative procedure. 

21 . What is meant by the “lobby” ? 

22 . Give reasons for the growing popularity of the initiative and the refer¬ 
endum. (Kaye, P. L., Readings, pp. 295-303.) Is either of these 
forms of direct legislation employed in your State or county? 

23. What oflScer attends to the publication of the laws passed by each 
legislature? What volumes would you examine to ascertain the law of 
your State upon any subject? 


CHAPTER X 


THE STATE EXECUTIVE 

131. Contrast between State and Federal Executives. 
The organization of the executive department of the State 
Federal government differs materially from that of the 
poww c7ii- federal executive. In the national government, 
trauzed executive power is vested in a single individual, 
the President of the United States. He alone is an elective 
officer, other executive officials being appointed by and 
responsible to him. 

But in the State governments, executive power is vested 
in a number of elective and appointive officers who, to- 
stateexecu- governor, share the executive 

live powers power. The secretary of state, auditor, treasurer, 
and attorney-general are, like the governor, 
elected by the people; and they are as independent of him as 
is the legislature. In fact they are the governor’s colleagues, 
not his agents or subordinates. Nor is the executive power 
vested solely in the governor and other principal State 
officers; for the actual execution of the laws does not rest 
with them, but with local officers chosen by the towns, coun¬ 
ties, and municipalities. These local officials, including 
sheriffs and other county officers, town and city officials, 
are not ordinarily subject to State supervision, much less to 
immediate State control. They hold themselves account¬ 
able not to the State as a whole, but only to their part of 
the State. Hence State administration is decentralized; 
and the governor is not, like the President, directly and 
exclusively responsible for the execution of the laws. 

132. Election and Term of the Governor. The governor 


THE STATE EXECUTIVE 


107 


is everywhere elected directly by popular suffrage, the 
earlier method of choice by the legislature having been dis¬ 
carded. In most commonwealths the election for governor 
and other State officials is held on the Tuesday immedi¬ 
ately following the first Monday in November. The term 
of office is either two or four years in nearly all of the 
States.^ Popular governors are often reelected in com¬ 
monwealths having the shorter terms, while elsewhere re- 
election is less frequent. The constitutions of seven States 
prohibit the governor from serving two successive terms. 

133 . Qualifications and Salary. The constitutional quali¬ 
fications for governor generally relate to age, residence, 
and citizenship. These qualifications vary widely, those 
most frequently prescribed being thirty years of age, five 
years of residence, and the same period of citizenship. 
The average salary of the governor is about $5000. 

134 . Administrative Powers and Duties. As his fore¬ 
most administrative duty, the governor is to take care that 
the laws are faithfully executed; but in the per- Duty to en- 
formance of this comprehensive duty his power is 
limited by the fact that the execution of the laws is largely 
entrusted to State and local officials over whom he has 
slight control. “If he is of much force in the government 
of the State, it is because of his strong character. He is 
a passenger on board the ship, which is navigated by a crew 
which he does not select, and over which he has few powers 
of command.” ^ 

However, the governor has a general supervisory power 
over the executive officers of the State; he may investigate 
their conduct of business and require information supervisory 

UDon subiects relating to the duties of their re- appoint- 

^ 1 1 J.1 powers 

spective offices. Furthermore, he has the power 

of appointing the less important State officers (confirma- 

1 Twenty-two States fix the governor’s term at four years, twenty-one at two years. In 
New Jersey the term is three years, while Massachusetts and Rhode Island adhere to annual 
elections. 

» Landon, J. S., The Constitutional History and Government oj the United States, p. 63. 


108 


GOVERNMENT AND POLITICS 


tion by the Senate being frequently required); and in some 
commonwealths he has a limited power of removal.^ When 
an elective State office becomes vacant, the governor ap¬ 
points some one to serve until the next election. 

The governor is commander-in-chief of the State mili¬ 
tia,^ and may call them out to repel invasion, or to suppress 
Buutary riots, insurrection, or disorder. The mihtary au- 
Powers thority of the governor is invoked by the sheriff 
or the mayor when local resistance to the law becomes too 
powerful to be suppressed by the means at his disposal. 

135. Political Duties. More important than the fore¬ 
going administrative powers are the governor’s political 
Legislative duties, especially those in connection with legisla- 
powers beginning of the session he trans¬ 

mits to the legislature a message calling attention to meas¬ 
ures which he deems necessary. If urgent matters demand 
immediate consideration, he may summon the legislature 
to meet in special session; and he may adjourn that body 
in case the two houses are unable to agree upon a time for 
adjournment. Finally, in all States except North Carolina, 
the governor has a qualified veto upon all legislative acts, 
and in twenty-eight commonwealths he may veto par¬ 
ticular items in appropriation bills. Thus the governor 
exercises a large influence upon legislation, since only in 
exceptional cases is a bill likely to pass over his veto.® 

Almost universally the governor has the power to grant 
pardons and reprieves in case of offenses committed against 
Reprieves the State. A pardon discharges the individual 
and pardons ^11 or some of the consequences of his crime; 

while a reprieve suspends execution of the sentence for a 
specified time. In some commonwealths the governor may 

* Generally the exercise of this power is conditioned upon obtaining the consent of the 
senate or council, and upon the finding of cause (malfeasance in oflSce or neglect of duty). 
In New Yorkand a few other States, the governor is permitted to remove even local officers 
under certain conditions. In Colorado, Maryland, Illinois, Nebraska, and Pennsylvania, 
he may remove those officers whom he appoints. 

* Except when in the actual service of the United States. 

* Generally a two-thirds or three-fifths vote is required to pass a bill over the governor’s 
veto. In Connecticut, Vermont, New Jersey, and Indiana, a simple majority is sufficient. 


THE STATE EXECUTIVE 109 

exercise this power only in conjunction with a board of 
pardons. 

136. State Governors under the Federal Constitution. 
The duties of the governor of a State are regulated to some 
extent by the federal constitution. For example, powers 

a person charged with crime who escapes to an- 
other State must be delivered up to the executive author¬ 
ity of the State from which he fled, upon the demand or re¬ 
quisition of its governor.^ Again, the United States is bound 
to protect each State against domestic violence upon ap¬ 
plication from its legislature; and if the legislature cannot 
be convened, the governor may call for such assistance.^ 
Finally, if vacancies happen in the United States Senate 
by resignation or otherwise during the recess of the State 
legislature, the governor may make a temporary appoint¬ 
ment until the next meeting of the legislature, which then 
fills the vacancy.^ 

137. Other Principal Executive Officers. Other im¬ 
portant executive officers are the lieutenant-governor (in 
thirty-four States); the secretary of State, apd the treasurer 
(in all States); the comptroller or auditor, the attorney- 
general, and the superintendent of public instruction (in 
nearly every State). Ordinarily these officers are chosen 
by the voters at the general State election; but in several 
commonwealths certain important executive officers are 
appointed by the governor or elected by the legislature. 
Their term varies from one to four years, frequently being 
the same as that of the governor. 

The principal executive officers are not under the direc¬ 
tion or control of the governor or the legislature. Their 
duties are prescribed in the State constitution. Relation to 
and for their official acts they are responsible only ^riegis- 
to the people and the courts. They do not consti- 
tute a cabinet responsible to the chief executive as in the 

* United States Constitution, Art. iv. Sec. 2. 

* Ibid., Art. iv, Sec. 4. 

* Ibid., Art. i, Sec. 3. 


110 


GOVERNMENT AND POLITICS 


Nature 
of office 


“ Chief 
clerk ” of 
the State 


presidential system of the national government, or a ministry 
responsible to the legislature as in the parliamentary sys¬ 
tem of European governments.^ 

138 . The Lieutenant-Governor. The lieutenant-governor 
is generally president of the State senate, with 
a casting vote in case of a tie. He succeeds the 

governor in case of the latter’s death, resignation, removal, 
or disability. 

139 . The Secretary of State. The secretary of State 
has charge of all State records, and of the seal of the com¬ 
monwealth by which State documents are authen¬ 
ticated. He publishes the laws of the State; regis¬ 
ters the official acts of the governor; certifies the 

incorporation of all companies; draws up commissions to 
public officers; takes charge of the returns of elections; 
and collects and publishes statistics. 

140 . State Auditor or Comptroller. The State auditor 
or comptroller is the public accountant charged with super- 

vision of the State’s financial business. He 

Supervision 

of State exanjines and passes upon all claims presented 
against the commonwealth; and no money can be 
paid out of the treasury except upon a warrant issued by 
him. He prepares for the legislature estimates of revenues 
and expenditures; audits the accounts of all officers charged 
with the collection of revenue; sees to it that such officers 
are under sufficient bond; and enforces payment of moneys 
withheld or uncollected. He keeps a record of all moneys 
paid into the treasury, and of all appropriations and war¬ 
rants; and since his books must tally with those kept by 
the treasurer, his office serves as a check upon the latter. 

141 . The State Treasurer. The treasurer receives all 
Custodian of State funds, for which he issues receipts, and dis- 
state funds Curses them only upon warrants signed by the 
auditor. At stated intervals he is required to publish state- 


* Ordinarily State executive officers may be removed from office for cause by a two-thirds 
vote of the legislature, or by impeachment in the lower branch followed by trial and convic¬ 
tion by the senate (a two-thirds vote being commonly required). 


THE STATE EXECUTIVE 


111 


ments of balances, and his books, like those of the auditor, 
are at all times open to inspection. Both treasurer and au¬ 
ditor are often ex officio members of various financial boards. 

142. The Attorney-General. The attorney-general is the 

legal adviser of the governor and other oflScers, and he also 
represents the commonwealth in all civil and state’s 
criminal cases to which the State is a party. Es- 
pecially is it the duty of this officer, aided by the district 
prosecuting attorneys or solicitors, to watch over and pro¬ 
tect the constitution of the State from encroachment by 
the government or violation by individuals. The numer¬ 
ous cases in the courts entitled State ex rel. v. -, or 

People V. -, are the mediums through which the attorney- 

general and prosecuting attorneys attack offenders against 
the constitution and the laws. These proceedings generally 
take the form of prosecution by indictment for criminal 
offenses; or mandamus to compel the performance of official 
or other public duties; or quo warranto to try the right to 
exercise a public office or franchise; or information or hill 
in equity to vindicate the rights of the State or of the 
general public.^ 

143. State Superintendent or Commissioner of Schools. 
The superintendent of public instruction, some- supervision 
times known as the commissioner of public schools, 
exercises a general supervision over the public school system. 
In the commonwealths having State boards of education, 
he is generally an ex officio member of that board. 

144. Appointive Officers of State Administration. In 
addition to these elective officers, a large number of ap¬ 
pointive officials are charged with special administrative 
duties. Most of these are appointed by the governor 
(generally with the consent of the senate) for terms vary¬ 
ing from one to four years; and they are ordinarily subject 
to removal by the appointing power. Among the most im- 

1 In this way the great Pullman Company was checked in its growth as a municipal 
corporation and compelled to sell the town of Pullman. — People v. Pullman Car Co., 175 
Ill. 125. 


112 


GOVERNMENT AND POLITICS 


Composition 


portant of these officials, some of whom at least are found 
in every commonwealth, may be named: adjutant-general; 
State surveyor; geologist; fire marshal; librarian; factory 
inspector; engineer; tax commissioner; superintendent of 
public printing; commissioner of banking; insurance com¬ 
missioner; superintendent of weights and measures; com¬ 
missioner of immigration; commissioner of agriculture; 
commissioner of mines and forests; food and dairy com¬ 
missioner; superintendent of public works; superintendent 
of prisons. 

145. State Boards or Commissions. In addition to these 
individual officers, a large share of administrative business is 

entrusted to State boards or commissions.^ These 
are generally appointed by the governor with the 
consent of the senate, for terms varying from four to eight 
years. Members are sometimes paid, especially when they 
give a large part of their time to the service; frequently 
they serve without pay, and elect an executive officer who 
receives a salary, and upon whom the greater part of the 
work devolves. The legislature often endows these boards 
with large powers, in the exercise of which they are practi¬ 
cally free from executive control. 

146. Civil Service Reform. Early in the nineteenth cen¬ 
tury the “spoils system” was extensively applied in filling 
The spoils State as well as federal offices, these positions 
system being made the reward for successful electioneer¬ 
ing and wire-pulling. Throughout the greater part of the 
Union the same system is still employed in filling appoint¬ 
ive State offices, and frequently the main issue in political 
campaigns is the question which party shall control the 
patronage. Standards of service have been adopted which 
would not be tolerated in any successful private business. 
Tenure of office is often dependent not upon faithful de¬ 
votion to public duty, but upon compliance with private 
instructions from the “regular organization.” 

* For example, boards of agriculture, health boards, railway commissions, boards of eda- 
cation, examining boards in the professions of law, medicine, etc. 


THE STATE EXECUTIVE 


113 


To remedy the evils of the spoils system three States, 
New York, Massachusetts, and Wisconsin, have adopted a 
system of civil service reform similar to that now The merit 
employed by the federal government. The object 
of this merit system is threefold; first, to exclude ignorant 
and incompetent persons who have nothing to recom¬ 
mend them save political influence; second, to assure in¬ 
telligent and competent persons an equal opportunity to 
secure public employment; and third, to make tenure of 
office secure for competent officials. To attain this end, the 
three commonwealths named have established a system 
of competitive examinations, practical in character; polit¬ 
ical and religious interrogatives have been prohibited; 
assessments upon office-holders are forbidden; and tenure 
and promotion are made to depend upon ascertained merit, 
rather than upon political influence. 

GENERAL REFERENCES 

Andrews, James DeWitt, American Law (1900), pp. 477-485. 

Ashley, R. L., The American Federal State (1903), pp. 356-359. 

Beard, C. A., American Government and Politics (1910), ch. xxiv. 

- Readings in American Government and Politics (1910), ch. xxiv. 

Black, H. C., Constitutional Law (1897), pp. 267-279. 

Bryce, James, The American Commonwealth (1907), i, ch. XLi. 

Cooley, Thos. M., Constitutional Limitations (7th ed., 1903), pp. 218-222. 
Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
Methods (1908), pp. 1-184. 

Fiske, John, Civil Government (1904), pp. 175-179. 

Forman, S. E., Advanced Civics (1905), ch. xxiii. 

Goodnow, F. J., Comparative Administrative Law (1893), i, 74-82. 

Hart, A. B., Actual Government (1903), ch. viii. 

James, J. A., and Sanford, A, H., Government in State and Nation (1903), 

ch. III. 

McClain, E., Constitutional Law (1905), pp. 197-212. 

Schouler, James, Constitutional Studies (1904), pp. 267-282. 

WUson, W., The State (1906), secs. 1174-1208. 

QUESTIONS AND EXERCISES 

1 . Give the term, qualifications, and salary of the governor of your State. 

2. Is the governor of your State reeligible for a succeeding term? If so, is 
reelection customary? 

3 . Are candidates for governor in your State nominated at primaries or by 
conventions?j^When does the State election occur?, 



114 


GOVERNMENT AND POLITICS 


4. Who were the candidates for governor at the last election? What was 
the plurality of the successful candidate? 

5. What officers may your governor appoint? Is the consent of the Senate 
necessary? 

6. What powers of supervision may your governor exercise over State 
officials? Has he power to remove any officials? If so, under what cir¬ 
cumstances? 

7. What vacancies in judicial, county, or State offices may be filled by the 
governor in your State? 

8. Examine the provisions of your State constitution concerning the gov¬ 
ernor’s legislative powers, including his power (a) to convene the legis¬ 
lature in extra session, and to adjourn it under certain conditions; 
(b) to recommend legislation; (c) to veto legislative acts. 

9. How may the governor’s veto be overcome in your State? 

10. May your governor veto items in an appropriation bill? 

11. What power has he over pardons and reprieves? Is the consent of a 
board of pardons or other body required? 

12. Has the governor of your State had occasion to call out the militia 
within recent years? If so, under what circumstances? 

13. In general, would you say that the governor of your State exercises 
large or small powers over legislation and administration? 

14. Secure a copy of a message issued by your governor; of one of his pro¬ 
clamations. What subjects are covered by each? 

15. Who would succeed the governor in the event of a vacancy in this office? 

16. In most commonwealths the seven principal executive officers are the 
governor, lieutenant-governor, secretary of State, treasurer, auditor 
or comptroller, attorney-general, and superintendent of education. 
Prepare an outline giving the following facts concerning each of these 
officers in your State: how chosen, term, qualifications, salary, duties 
and powers, how removed. 

17. Which of the minor administrative officials mentioned in Section 144 
are found in your State? 

18. Prepare a list of the most important boards and commissions of your 
State. State concerning each, how chosen, term, and functions. 

19. “In general. State laws are administered by local officials over whom 
the governor has no control.” — Illustrate by giving examples in the 
government of your own State. State the advantages and disadvant¬ 
ages of this decentralized system of administration. 

20. “In certain fields there is a marked tendency to develop a system of 
supervision over local officials by enlarging the powers of State boards 
of education, charities and corrections, and public health.” — Is this 
true in your State? 

21. State the advantages and defects of State boards or commissions. 


CHAPTER XI 


THE STATE JUDICIARY 


147 . Development of Colonial Courts. In the early colonial 
period, the legislative assemblies of the various colonies exercised 
many judicial powers, acting as the early English parliaments, both 
as legislatures and as courts. During the century immediately 
preceding the Revolution, the assemblies were deprived of their 
judicial powers, and the colonial courts correspondingly strength¬ 
ened. Gradually a judicial system was evolved, patterned largely 
after that of Great Britain, and consisting of several courts 
arranged in a progressive series. 

From the highest colonial courts, cases of importance could be 
appealed to the English Privy Council; and this appeal was of 
especial importance in regard to colonial legislation Appeal to 
deemed inconsistent with the laws of England. The the Privy 
Privy Council from time to time set aside colonial stat- 
utes and reversed the judgments of colonial courts.^ This was the 
germ of the power of our supreme courts to decide upon the con¬ 
stitutionality of legislation. 

148. The Common Law. The larger part of the law adminis¬ 
tered by colonial tribunals was the common law of England, 
modified by the legislative assemblies and by the courts 
themselves so as to conform to conditions in the new 

world. The English common law (known also as cus¬ 
tomary or unwritten law) “ is that rule of civil conduct which 
originated in the common wisdom and experience of society, in 
time became an established custom, and has finally received 


judicial sanction and affirmance in the decision of the courts of 
last resort.” ^ This law has been interpreted and largely developed 
by the courts, and is evidenced chiefly in their decisions of cases 
tried before them. 

From the first the American colonists claimed the common 
law as their birthright, so far as it was applicable to their condi- 


* The Judicial Committee of the Privy Council to-day exercises similar powers with re¬ 
ference to the British colonies. 

* Robinson, W. C., Elementary Law, p. 2. 


116 


GOVERNMENT AND POLITICS 


tion; ^ and upon the original foundation of the English common 
law the whole system of American jurisprudence has been built. 
Except as modified by constitutional or statutory 
c^mon?aw enactments, the English common law, now become the 
American common law through adaptation to our 
circumstances, state of society, and form of government, is to¬ 
day in force in the several States; and it constitutes by far the 
greater portion of that body of law by which rights are adjudged 
and wrongs redressed. 

149. Equity. Equity is synonymous with justice, and origin¬ 
ated in the deficiencies of the ancient common law. From the time 
^ of the Norman-French conquest of England (1066), 
the king was held in legal theory to be the fountain of 
justice; and he was often petitioned to interpose between private 
individuals in cases where the regular law courts could grant no 
remedy, or no adequate remedy. These petitions the king referred 
to his Privy Council, and ultimately they were addressed directly 
to one member of that body called the chancellor. Thus if the 
legal title to land had been conveyed to one individual for the 
use of another, and the holder of the title refused to recognize 
the beneficial interest of the other, the chancellor could bring 
him to account, although the law would give no remedy. Soon 
whenever a man had justice on his side, but not law, it was deemed 
acase for the chancellor, and his jurisdiction expanded accordingly. 

At common law one could recover money only, or specific real 
Equity rellel personal property; but the chancellor could grant 
such relief as seemed equitable — hence called relief in 
equity. Finally, a distinct set of chancery or equity courts came 
into existence, with special procedure ^ and remedies. 

The chancery system thus created was introduced in America 
along with the common law; and at first, as originally in England, 
Fusion of was administered by separate courts. At the present 
law and time in most American commonwealths, equity is 

equity administered by the same judges who preside over the 

regular law courts.^ Legal and equitable causes of action may gen¬ 
erally be joined, and legal and equitable relief given in one suit. 

* One great excellence of the common law is the protection which it affords to individual 
rights. Hence when difficulties arose between the colonies and the mother country, the col¬ 
onists appealed to the principles of the common law, and claimed that the king and parlia¬ 
ment were seeking to deprive them of privileges which were their birthright as Englishmen. 

* Courts of equity differed from the law courts in the mode of proof and of trial. In courts 
of equity, testimony was written instead of oral, and the judges decided questions of fact as 
well as of law, thus eliminating the jury. 

* Separate equity or chancery courts exist in New Jersey, Delaware, Tennessee, Alabama, 
and Mississippi. 



SPOKANE COUNTY COURTHOUSE, SPOKANE, WASHINGTON 



(By courtesy of Hugh C. Leighton Co., Portland, Me.) 
CUMBERLAND COUNTY COURTHOUSE, PORTLAND, MAINE 






































THE STATE JUDICIARY 


117 


150 . Our System of Law. We have seen that the first 
great source of our body of law is the English common law: 
the second important source consists of the stat- state 
utes enacted by the State legislatures. Most legis- 
lative measures belong to the branch of administrative law, 
relating to the structure and functions of government; but 
many statutes are passed affecting private law. Such are 
the laws relating to wills and the succession of property, 
marriage and divorce, corporations, partnerships, and 
crimes. Civil and criminal procedure is commonly regu¬ 
lated by statute, and a few commonwealths have gone even 
further, and attempted to codify the entire body of com¬ 
mon law.^ 

The State constitution is still another source of the law 
enforceable in the State courts. Next come the Oonsutu- 
federal statutes and treaties; and finally, the 
source of supreme and controlling authority is statutes 
the federal constitution, with which all other laws must 
accord. 


Federal 

Constitution 

Federal 

Statutes and Treaties 
State: Constitutions 


State: Statutes 


Common Law and Equity 


OUR SYSTEM OF LAW 

151 . System of State Courts. The judicial power of 
each State is to-day vested in a system of courts generally 

1 Including Louisiana, California, North Dakota, and South Dakota. 















118 


GOVERNMENT AND POLITICS 


comprising three grades: first, inferior courts, or those of 
lowest grade; second, courts of general original jurisdic¬ 
tion; ^ and third, courts of last resort. 

152. Inferior Courts. Inferior courts include those of 

justices of the peace, and police or other city courts. 
Jnsuces’ Justices of the peace have original jurisdiction 
courts jQinor civil cases; for example, where the 

amount involved does not exceed a certain small sum (gen¬ 
erally $100), and where the title to real estate is not drawn 
into controversy. In some commonwealths, justices of the 
peace try petty offenses, such as breaches of the peace; 
while in the more serious criminal cases they may cause 
the arrest of persons charged with crime, and if there is 
'primaSade evidence of guilt, bind over the accused to await 
the action of the grand jury.^ 

In large cities the civil and criminal jurisdiction of justices 
of the peace is ordinarily divided between two sets of 
City and courts: the municipal or city courts, which ex- 
poucecourts gr^ise a minor civil jurisdiction; and police or 
magistrates* courts, which try petty criminal , offenses, and 
make a preliminary investigation in case of felonies or 
serious misdemeanors. 

153. Courts of General Original Jurisdiction. The 
second grade of State courts embraces those of general 
original jurisdiction,^ civil and criminal, over all suits, ac¬ 
tions, and judicial proceedings (so far as this jurisdiction 
is not restricted by law). These are the ordinary courts 
for the trial of civil and criminal actions, and in them most 
of the judicial activity of the State is centered. In some 
commonwealths, courts of this class have appellate juris¬ 
diction from the inferior justices* or municipal courts. 


^ Original jurisdiction is the power to hear or decide a legal controversy, or to administer 
a remedy, in the first instance. Appellate jurisdiction is the power to review the decision 
of some other court. 

* If the grand jury finds that there is not sufficient evidence against the accused to war¬ 
rant holding him for trial, he is discharged; if the contrary is the case, he is formally charged 
with the crime in an indictment, whereupon he must stand trial. 

* In different States this tribunal is known by different names, as the circuit court, district 
court, superior court, court of common pleas, etc. 


THE STATE JUDICIARY 


119 


154. Courts of Last Resort. The third and highest class 
of State tribunals is the supreme court, known also as the 
court of appeals, or court of errors and appeals, 

The supreme court ^ is the court of last resort in won and 
which the supreme judicial authority of the State 
is vested. This court usually sits at the State capitol. The 
number of judges ranges from three to nine, whereas a court 
of the first or second grade is ordinarily presided over by a 
single justice or judge. As a rule the principal business of 
the supreme court is to review the decisions of courts of the 
first and second grade in cases carried up on appeal or writ 
of error, and to determine whether the judgment of the 
lower court is to be sustained or reversed.^ Its decisions 
are final and binding upon all persons within the State; 
but in exceptional classes of cases (where a federal law, 
treaty, or the federal constitution is involved), its decisions 
may be reviewed by the Supreme Court of the United 
States. 

155. Special State Courts. In order to lighten the work 
of the court of last resort, several commonwealths, in¬ 
cluding Illinois, Pennsylvania, Louisiana, and jj^tgnnod- 
Missouri, have established between the courts late courts 
of the second grade and the supreme court an ° 
intermediate court of appeals. This tribunal has appellate 
jurisdiction only, and its decisions are final in all except 
certain classes of cases, which may be carried up to the 
supreme court. 

Most of the States have provided special courts (gener¬ 
ally one for each county), variously called pro- prouateor 
bate courts, surrogates* courts, orphans* courts, or surrogates’ 
courts in ordinary. These tribunals are vested 
with jurisdiction over the probate of wills, appointment of 


* In several States, including New York, New Jersey, and Kentucky, the so-called 
supreme court is not supreme in fact, since above the supreme court is a court of appeals 
to which certain cases may be taken. The latter is therefore the actual supreme court. 

* This court also has power to issue prerogative writs and to grant extraordinary remedies, 
such as writs of habeas corpus, mandamus, quo warranto, injunction, certiorari, and writs 
of error. 


120 


GOVERNMENT AND POLITICS 


administrators and guardians, care of the estates of wards, ^ 
and settlement of the estates of decedents. 

156. Choice of State Judges. Under the first State con¬ 
stitutions, the selection of judges was generally entrusted 
Early either to the legislature or to the governor; but 
Judiciary during the first half of the nineteenth century 

the choice of judges by popular vote became es¬ 
tablished as the general practice.^ Supreme court justices 
state are now generally elected by the voters of the 

lecom^ commonwealth at large; ^ while circuit, district, 
eiecuve county judges are chosen by the voters of 

the area included within the jurisdiction of the court. 

157. Tenure of State Judges. Judges of the supreme 
court have practically a life tenure in only three States, 
Massachusetts, New Hampshire, and Rhode Island; while 
elsewhere they are chosen for a fixed term of years, varying 
from two in Vermont to twenty-one in Pennsylvania.^ The 
average constitutional term is about eight years, but re- 
election is frequent, so that the period of actual service 
is longer. The term of judges of the lower courts generally 
varies with the grade of the court, being especially short 
in case of justices of the peace. Like other commonwealth 
officers, judges may be removed through the process of 
impeachment. 

158. Salary and Qualifications. Only nine States pay the 
judges of their highest courts more than $ 5000 , the aver¬ 
age salary being about $ 4500 .^ Salaries of judges of lower 
courts are considerably less than those of supreme court 

^ Including minors who are orphans, the insane, and others deemed by the law incom¬ 
petent to manage their own estates. 

* Judges are now elected by popular vote in thirty-four States; by the legislature in four 
(Rhode Island, Vermont, South Carolina, and Virginia); appointed by the governor in seven 
(Massachusetts, Maine, New Hampshire, Connecticut, Delaware, Mississippi, and New Jer¬ 
sey); while in Florida judges of the supreme court are elected by the people, and superior 
court judges nominated by the governor. 

* Sudden changes in the composition of the supreme court are prevented by providing 
that the term of only a few judges shall expire at the same time. 

‘ Eighteen commonwealths have a term of six years, seven of eight years; five States, 
including California, Delaware, Louisiana, Virginia, and West Virginia, have a twelve- 
year term; while in New York the term is fourteen years, and in Maryland fifteen, 

® The chief justice generally receives five hundred dollars more than the associate justices. 


THE STATE JUDICIARY 


121 


justices. The constitutions of most States provide that 
the salaries of judges may not be increased or diminished 
during their term of ojffice. 

The qualifications required for judges include a mini¬ 
mum age of twenty-five to thirty-five years, citizenship for 
a varying period of years, and residence within the State 
or judicial district. Comparatively few constitutions require 
judges to be members of the legal profession, although 
this qualification is prescribed by custom except for justices 
of the peace. 

159. Subordinate Officers of Courts. The subordinate 
officers of State courts are the recording officer or clerk, the 
executive officer (sheriff or constable), and the 
attorneys. The clerk or prothonotary keeps the 

record of all judicial proceedings, has charge of the seal of 
the court, and issues all writs. This officer is generally 
appointed by the court or elected by popular vote. 

The executive officer of inferior courts is the constable, 
and of the higher State courts, the sheriff. These officers 
are elected by the voters of the township or constable 
county, respectively, and are charged with the 
execution of all orders, judgments, and decrees of their re¬ 
spective courts. 

Litigation is ordinarily conducted by men educated in 
the profession of law, known as attorneys. Before 
being admitted to practice, these officers must 
pass a satisfactory bar examination conducted under the 
authority of the supreme court. The government’s cases are 
conducted by the attorney-general (representing the com¬ 
monwealth as a whole), and by prosecuting attorneys or 
solicitors in each county. 

160. The Protection of Rights. The jurisdiction of State 
courts extends to all classes of cases, civil and private 
criminal,^ except as limited by provisions of the 

State or federal constitution. The chief purpose for which 

* For the criminal jurisdiction of State courts see chapter xm. 


122 


GOVERNMENT AND POLITICS 


State governments exist is the protection of individual 
rights, including personal rights (of life, reputation, per¬ 
sonal liberty, and bodily security); rights of property, or 
the free use and enjoyment of those things justly acquired; 
and contract rights, or the enforcement of legal agreements 
which one person has with another. 

To deprive any person of a right which the law grants 
him is a legal wrong, rendering the offender liable to pro- 
Redress secution in court — “the place where justice is 
of wrongs legally administered.’’ Thus the person who suf¬ 
fers a legal wrong has the whole force of government at his 
disposal to secure redress, for the judgment of the court 
will be enforced by the executive authority of the State. 

Legal wrongs are of two classes, pubhc and private. 
If a wrong is committed primarily against a private per- 
Private son, it is known as a private wrong or tort; but if 
wrongs reaches beyond the individual and affects the 

community at large, it is a public wrong or crime, and will 
be redressed by government in a criminal proceeding. To 
constitute a private wrong, an action must be wrongful in 
itself, that is, not authorized by law; and it must result 
in actual or legal damage. The person whose rights have 
been invaded by a wrongful and injurious act may bring 
a civil action or suit before the proper coiul, requesting 
compensation for his injury. 

i6i. Procedure in Civil Cases. The parties to a civil action 
Parties plaintiff and the defendant. The plaintiff is the 

party who claims to have sustained the injury and who 
brings the action; and the defendant is the one against whom the 
action is brought. 

The first step is the filing of the plaintiff’s statement of the 
grounds of his suit, this being known as his declaration, com- 
Pleadin s or petition. The plaintiff must apply to the clerk 

and issue court for a writ summoning the defendant to ap¬ 

pear in court and meet the charges made against him. 
This summons is served on the defendant by the sheriff or con¬ 
stable.^ The clerk also issues a summons or subpoena to all wit- 

^ At the time required in the summons the defendant must plead, or judgment by default 
may be taken against him. 


THE STATE JUDICIARY 


123 


nesses whose testimony is desired by either party. The defendant 
then files his reply or answer, setting up any defense which he may 
have to the allegations made against him.^ The plaintiff may reply 
to this, and the defendant may then answer in turn until an issue 
is reached, that is, “ some specific point of law or fact affirmed on 
one side and denied on the other.’* 

As a rule either party in a civil case may demand a trial by 
jury,^ which generally consists of twelve men. The Selection 
method of selecting a jury is carefully regulated by law, o* 
and by “ challenges ” either party may secure the rejection of 
objectionable persons. 

After the selection of the jury, the plaintiff’s counsel states 
the nature of the case as set forth in the declaration, and out¬ 
lines the main facts which he expects to prove. The Evidence 
plaintiff’s witnesses are next examined orally, the de- and 
fendant being given an opportunity to cross-examine 
each witness after his direct testimony has been given. When 
the plaintiff’s case has been presented, his attorney announces 
that he “ rests.” The defendant’s attorney then outlines what he 
proposes to prove and introduces his evidence, at the close of 
which the plaintiff has an opportunity to introduce rebutting 
testimony. Only that evidence is admissible which, in the opinion 
of the judge, is material and relevant to the case. When the 
testimony is closed, the cause is argued to the court and jury by 
the counsel for each side, the plaintiff’s counsel opening and closing. 

Throughout the trial the judge decides what evidence may 
properly be presented to the jury, and after the closing argument, 
it is his duty to instruct them on the points of law Duties of 
involved in the case. Either party may move for par- Judge and 
ticular instructions, the granting or refusing of which by 
the court, if erroneous, may be taken advantage of by a bill of 
exceptions.^ After receiving their instructions, the jury retire 
for deliberation under charge of an officer of the court. Ordinar¬ 
ily their verdict must be unanimous; and if agreement is found 
impossible, they may be discharged by the judge, the cause then 
remaining for trial as if none had taken place. If they are able to 
agree, a verdict is rendered for the plaintiff or defendant; and after 
the verdict has been accepted by the court, judgment is rendered 

* Or the defendant noay file a demurrer, which creates an issue of law. 

* In equity cases there is ordinarily no jury, and any civil case may he tried without a 
jury if both parties consent. 

* The object of a bill of exceptions is to make that a matter of record which otherwise 
would not be, for the purpose of subsequent proceedings in error. Either party may except to 
any rulings of the court which he deems erroneous, and on the basis of these exceptions ask 
for a review of the case by a higher court. 


124 


GOVERNMENT AND POLITICS 


accordingly. If no appeal is taken from this judgment, it is en¬ 
forced, if against the defendant, by a process called execution, 
which is an order of the court directing the sherijff (or constable) 
to see that the judgment is satisfied. Legal judgments are gener¬ 
ally directed against the defendant’s property, which will be seized 
and sold unless the plaintiff be paid the damages or compensation 
in money awarded to him. Judgments in equity are ordinarily 
directed against the person of the defendant, directing him to do 
or refrain from doing some particular thing. 

The decision of the court is not always accepted as final. Under 
certain conditions the judge who tried the case will 
ewor grant a new trial; or the dissatisfied party may carry 
the case up to the next higher court, either by appeal 
or writ of error. 


162. Adjudging Legislative Acts Unconstitutional. In 
addition to the functions ordinarily performed by courts 
Unique in all countries, American tribunals stand prac- 
AmeUcMi tically alone in the possession of a power which has 
ludiciary greatly enhanced their dignity and importance. 
The American judiciary is the final and authoritative in¬ 
terpreter of the constitution. In every commonwealth the 
written constitution is the supreme and fundamental law 
to which all legislative acts must conform. The statute is 
the expressed will of the legislature; but the constitution 
is the expressed will of the people, and is therefore of higher 
legal authority. In their State constitution the people have 
limited and defined certain governmental agencies, includ¬ 
ing the legislative, executive, and judicial departments, 
and have formally announced certain fundamental prin¬ 
ciples. Hence if the acts of any of these agents are in conflict 
with the will of the people as expressed in the constitution, 
such acts are null and void and may be so declared by the 
courts. 

Principles of Constitutional Interpretation. In 
determining whether a legislative act is con¬ 
stitutional, courts are guided by certain funda¬ 
mental principles of constitutional interpretation. 
One of the most important of these is, that the act must come 


163. 


Concrete 

case 

essential 


THE STATE JUDICIARY 


125 


before the court in the form of a concrete case — that is, 
there must be actual litigation between two or more par¬ 
ties in which the question of constitutionality arises.^ 

Moreover, the question of constitutionality must be 
clearly presented to the court, and a decision upon the point 
must be necessary to determine the issue. The pre- gt^tutes 
sumption is in favor of the validity of the act, presumed 
and its unconstitutionality must be clearly shown 
before the court will set it aside. The motives of the legis¬ 
lature cannot be inquired into, nor can it be shown that the 
act was procured by fraud or bribery. 

An act adjudged unconstitutional is null and void — it 
is, in legal contemplation, as inoperative as though it had 
never been passed. The decision of the court in 
the case is binding only upon the parties to the unconsUtu- 
suit; but it establishes a precedent which will be 
followed if the same question is again presented to the court, 
and hence it furnishes a notice to all parties that the statute 
is to be treated as void and of no effect. 

164. Judicial Control of Executive Officials. A second 
important characteristic of the American judiciary is the 
indirect control which it exercises over executive Executive 
officials through its power to pass upon the legal- amenable 
ity of executive acts. Thus if a governor should 
illegally remove an official from office, the latter may bring 
an action against the governor in the proper court; and if 
it be shown that the officer was unlawfully removed, the 
court will reinstate him. Similarly, any citizen who is 
wronged by an executive act may bring suit against the 
offending officer in the ordinary courts, as he would against 
a private citizen.^ 

* In only a few commonwealths, and there by express constitutional provision, may the 
executive or legislature request the courts for advice as to the constitutionality of legislation 
before its passage. 

* This is in marked contrast to the system of administrative law prevailing in most 
countries of continental Europe, where government officials are to a great extent protected 
from the ordinary law of the land as to their official acts, for which they can only be held 
accountable before special administrative courts. 


126 


GOVERNMENT AND POLITICS 


American courts use free¬ 


ly their power to issue writs 


Writs of 
mandamus 
and injunc- 
tlon 


of mandamus in 
order to compel 
executive officers 


IN the court of common pleas of WEST¬ 
MORELAND COUNTY, PENN’A. 

SITTING IN EQUITY 

No. 746 Equity. 

Jamison Coal & Coke Company, a Corporation of 
the State of Pennsylvania, Plalntlfi, 
vs. 


to do acts which it is their 
plain duty to perform, pro¬ 
viding the act is one min¬ 
isterial in its nature and not 
involving the exercise of of¬ 
ficial discretion. They also 
issue writs of injunction to 
prevent officials or private 
individuals from perform¬ 
ing illegal acts. 

165. Relation of State to 
Federal Courts. State and 

Concurrent federal courts are 
lurisdicUon entirely indepen¬ 
dent in the exercise of their 
respective powers. Their 
jurisdiction, generally dis¬ 
tinct, in some cases over¬ 
laps. Many civil cases can 
be brought at the option of 
the plaintiff either in a State 
or federal court; or, when 
brought by the plaintiff in 
the State court, may be re¬ 
moved to the federal court 
by the defendant. 

In any case tried in a 

State court, if the federal 

Appeal to constitution, or 
United c j 11 

States su- ^ federal law or 

premeCourt treaty is in¬ 
volved, and the decision is 


United Mine Workers of America, an Association 
Incorporated or Unincorporated, Marshall Mar* 
raclnl, et al.. Defendants. 


DECREE 


And now, June let, 1910, this case came on for 
hearing on motion to continue the preliminary in¬ 
junction granted May 2fith, 1910, until final hearing, 
and after the taking and hearing of all testimony 
presented, it is adjudged and decreed as follows 
That the United Mine Workers of America, an 
Association, incorporated or unincorporated, Mar¬ 
shall Marracini, Charles Shaw, Joseph Littlewood 
and George Thompson, organizers, ofiicials or mem¬ 
bers of said association, Christopher Columbus, 
John Morgan, John Marks, James Dinsmore, John 
Luteransic, William Green, Joe Filician, Elmer 
Harris, James Walker, William Hays, George Cush¬ 
ing, Joe Leich, Joe Vedidick, Nick Yardish, Stanley 
Begos, Frank Begos, Charles Kickler, John Fran- 
chic, Frank Checkers, Patrick Duffy, Patrick Gal¬ 
vin, Philip Duffy, H. Brown, Patrick Cairns, Tony 
Palo, Adam Shurkosky, Frank Bakat, Anton Ber- 
nitoski, George Conquash, Andy Conquash, Andy 
Surin, Joe Kurtz, John Lance, Link Lance, Archie 
McKeever, John Heasley, William Logan, Harry 
Heasley, George Ray, Sr., Lew Hawn, Jacob Heasley 
and James Cole, defendants, and all other persons 
who may at any time hereafter assemble with them 
or aid or assist them in the acts complained of in the 
bill in this case, be enjoined and restrained from 
conducting or engaging in marches to and past the 
mines, property and works of the Jamison Coal & 
Coke Company, and from assembling at or near the 
works of said company for the unlawful purpose 
complained of in this bill and indicated by the tes¬ 
timony in this case ; and it is further decreed that 
as a mode for the accomplishment of such unlawful 
purpose of intimidation, they be enjoined and re¬ 
strained from establishing and maintaining camps 
upon the immediately adjacent lands of Ruffner'a 
heirs or elsewhere in such close and immediate 
proximity of the plants and property of the com¬ 
plainant whereon to collect large bodies of men 
brought from other localities with a view and for 
the purpose of thereby intimidating complainant’s 
employees who desire to work by any such display 
of hostile force, or by means of noise, threats of 
personal violence, opprobrious epithets addressed 
to said employees or any of them from that point, 
or by any other hostile and unlawful means what¬ 
soever to operate on the fears of said employees, or 
to thereby interfere with complainants in the op¬ 
eration of their works. This decree to remain in 
force until final hearing and until the further order 
of the Court. Such of the defendants named in the 
bill as are not specifically named in this decree have 
not been shown by proof to have participated in the 
unlawful acts complained of in the bill, and there¬ 
fore, the injunction as to them is discharged 
Attest: BY THE COURT 

HARRY N. YONT, 

Prothonotary 

A PENNSYLVANIA INJUNCTION 







THE STATE JUDICIARY 


127 


against the party claiming a right, title, privilege, or im¬ 
munity under federal law, the case may be appealed for 
final decision to the Supreme Court of the United States. 
If the State court upholds the federal law, its decision is 
final. 

166. Interstate Judicial Relations. The courts of the 
different States are entirely independent of each other, 
subject to the limitation contained in the federal E«ect of 
constitution that “full faith and credit shall be 
given in each State to the public acts, records, visions 
and judicial proceedings of every other State.^ Decisions 
of a State court constitute precedents of binding obliga¬ 
tion only within the boundaries of the particular common¬ 
wealth. The decisions of courts of other commonwealths 
are constantly quoted in legal proceedings, but have no 
authority beyond the intrinsic value of their reasoning and 
conclusions. 

No State court can summon before it witnesses who live 
in another State, since the legal process of the court is not 

effective beyond the boundaries of the common- _ 

... Depositions 

wealth. In order to avoid this difficulty, all States 

permit testimony for use in civil cases to be taken outside 
their limits by deposition. 

GENERAL REFERENCES 

Baldwin, Simeon E., The American Judiciary (1905), chs. vii-viii, x-xi, xiv, 

XXII. 

- Modern Political Institutions (1898), ch. vii. 

Beard, C. A., American Government and Politics (1910), ch. xxvi. 

- Readings in American Government and Politics (1910), ch. xxvi. 

Black, H. C., Constitutional Law (1897), ch. xii. 

Bryce, James, The American Commonwealth (1907), i, ch. xlvii; ii, chs. ci, 

CII. 

Cooley, Thos. M., Constitutional Limitations (1903), ch. vii. 

Dillon, J. F., Municipal Corporations (4th ed., 1890), ii, chs. xx-xxiii. 
Forman, S. E., Advanced Civics (1905), ch. xxiv. 

Hart, A. B., Actual Government (1903), ch. ix. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), ch. 

VII. 

Lowell, A. L., Essays on Government (1889), no. iii. 

* United States Constitution, Art. iv. Sec. 1. 




128 


GOVERNMENT AND POLITICS 


McClain, E., Constitutional Law (1905), ch. xxiv. 

Schouler, James, Constitutional Studies (1904), pp. 283-295. 

Walker, Timothy, American Law (1905), pp. 50-60, 108—117, 566—628. 
Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VI. 

- The State (1906), secs. 1147-1173. 


QUESTIONS AND EXERCISES 

1. Name the several grades of courts in your State, beginning with the 
lowest. 

2. How many judges constitute the highest court? How are they chosen? 
Give their term of office, qualifications, and salary. 

3. Where and when does the highest court hold its sessions? Name the 
judges. 

4. Do all the judges of the highest court belong to the same political party? 
Has any attempt been made in your State ^to secure a non-partisan 
judiciary? 

5. Answer questions in 2 concerning judges of the lower courts. 

6. How may a judge be removed from office in your State? 

7. What is the number of the judicial circuit (or district) in which you live? 
What territory does it include? Name the judges. 

8. Is there a court in your State corresponding to the probate court de¬ 
scribed in Section 155? If so, what cases are tried in it? 

9. If you live in a large city, what special courts exist there? 

10. Do you favor appointment or election of judges? Short or long terms? 
Give reasons. 

11. Describe the kind of man who you think would make a good judge. 

12. In what court would you sue a man for a debt of $20? For a debt of 
$2000? In what court would a man accused of murder be tried? A Tr>q.n 
accused of violating a speed ordinance? 

13. What are the advantages and defects of trial by jury? 

14. Visit the courthouse when court is in session, and write a description of 
the court-room and the trial. 

15. Suggested readings on the State judiciary: Kaye, P. L., Readings, pp. 
311-328. 



CHAPTER XII 


THE POLICE POWER 

167 . Definition of the Police Power. The police power 
is the governmental power to make all laws necessary to 
preserve and protect the public peace, public what is 
safety, public health, and public morals.^ It is uni- 
versally conceded to justify the destruction or abatement, 
by summary proceedings, of whatever may be regarded as 
a public nuisance.^ For example, under this power govern¬ 
ment may order the slaughter of diseased cattle; the de¬ 
struction of decayed or unwholesome food; the regulation 
of railways and other means of public conveyance; the 
suppression of gambling and the liquor traffic; and the 
confinement in hospitals of the insane or those afflicted 
with contagious disease. Even beyond this, government 
may interfere wherever the public interests demand; and 
hence a large discretion is vested in the legislature to de¬ 
termine what the interests of the public require, and the 
measures necessary for their protection. 

168 . General Characteristics of Police Power. It is 
essential to free government that individual rights be se¬ 
cured against governmental tyranny; but since Nature 
rights guaranteed to individuals may be abused 

by them to the detriment of the community as a whole, it 
is likewise essential that the public welfare be secured 
against individual selfishness. No one should be permitted 
to make such use of his personal or property rights as to 
interfere with a reasonable enjoyment by others of simi¬ 
lar rights. Thus the police power has its origin in the 

* “This police power of the State extends to the protection of the lives, health, comfort, 
and quiet of all persons, and the protection of all property within the State.” — Thorpe r. 
Rutland and Burlington Railroad Company, 27 Vt. 140; Thayer’s Cases, i, 709. 

* Lawton v. Steele, 152 U. S. 133; Thayer’s Cases, i, 819. 


130 


GOVERNMENT AND POLITICS 


principle **solus populi supremo lex'* (regard for the public 
welfare is the highest law). Every person has a right to the 
free enjoyment and disposal of his property; but if a man 
living in a populous community erects a slaughter-house on 
his premises, or engages in the manufacture of deadly 
explosives, such use of his property would be adjudged a 
nuisance because dangerous to the public health or 
safety; and would be prohibited by government through 
the exercise of the police power. Thus in its practical 
application, the police power proceeds upon the principle 
that each must so use his own as not to injure another 
utere tuo ut olienum non Icedos"). 

So essential is this power to the public welfare that the 
courts have declared that it cannot be surrendered by the 
Police power legislatures. It is a part of governmental power. 
Inalienable “the power of governing is a trust committed 

by the people to the government, no part of which can be 
granted away.” ^ Even through contracts founded upon a 
valid consideration, legislatures cannot so limit the dis¬ 
cretion of their successors that they may not enact laws 
necessary to protect the public safety, public health, or 
public morals. 

The police power is distinct from eminent domain. 
Eminent domain is an appropriation of private property 
Distinct public; while the police power 

from emin- regulates or destroys private property in the hands 
of its owner. When the right of eminent domain 
is exercised, proper compensation must be made to the 
owner; but where property depreciates in value or is de¬ 
stroyed through the exercise of the pohce power, the 
owner is not entitled to compensation.^ 

* Stone V. Mississippi, 101 U. S. 14 ; Thayer’s Cases, ii, 1771. In this case the court sus¬ 
tained the provisions of the Mississippi constitution of 1869 prohibiting lotteries, and a stat¬ 
ute of 1870 enforcing these provisions, as against a corporation chartered in 1867 with au¬ 
thority to carry on the business of a lottery for twenty-five years. The prohibition was held 
a valid police regulation tending to promote the public morals. 

^ * Thus capital invested in breweries may be greatly depreciated in value through the adop¬ 
tion of a State prohibition law, but the owners are without redress. Such was the decision 
in Mugler v, Kansas, 125 U. S. 623; Thayer’s Cases, i, 793. 


THE POLICE POWER 


131 


169. Scope of the State’s Police Power. While the 
police power of the national government is narrowly limited 
in its scope and extent,^ that of the States is full and com¬ 
plete except as limited by express provisions of the federal 
or State constitutions. Municipalities within the common¬ 
wealth also possess limited police powers delegated by the 
State government, to be exercised through municipal or¬ 
dinances; but the police power of municipalities is subor¬ 
dinate to the general police power of the State government, 
and may be controlled or abrogated by the latter. 

In exercising the police power, both the State and fed¬ 
eral governments are limited by certain important principles 

designed to prevent its abuse. (1) State laws in 

. - , . . , Limitations 

exercise of this power must not violate any pro¬ 
vision of the federal or State constitution. (2) State legis¬ 
lation must not interfere with the exclusive jurisdiction 
conferred upon Congress over certain subjects. ( 3 ) State 
and federal measures passed in the exercise of this power 
must not be unreasonable, discriminating arbitrarily against 
individuals or classes, or invading private rights unneces¬ 
sarily; but must be based upon one of the grounds for 
which the police power may be exercised, and be reasonably 
adapted to that purpose.^ 

The principal subjects concerning which the police power 
of the State is exercised include: (1) the mainten- subjects oi 
ance of the public peace and order; (2) the pre- 

1 Congress has no general power to make police regulations; but in the exercise of powers 
expressly granted, and as to subjects over which it has exclusive jurisdiction. Congress may 
enact measures of public police. Examples are the federal statutes providing for the punish¬ 
ment of treason and the suppression of insurrection or rebellion; excluding from the mails 
lottery advertisements, fraudulent and other objectionable matter; prohibiting trusts and 
combinations in restraint of trade; establishing a national quarantine; and regulating 
immigration. 

* A State police regulation held invalid as interfering with federal control of interstate 
commerce was the prohibition law of Iowa, forbidding the sale in that commonwealth of in¬ 
toxicating liquors in original and unbroken packages imported from another State. The Su¬ 
preme Court of the United States declared this law unconstitutional, holding it to be an in¬ 
vasion of the exclusive control by Congress of interstate commerce, (Leisy r. Hardin, 135 
U. S. 100; Thayer’s Cases, ii, 2104.) This decision would have made it impossible to enforce 
State prohibition laws had not Congress promptly passed the Wilson Act, providing that 
when liquor is imported into a State it becomes subject to the police power of the common¬ 
wealth in the same manner as domestic articles of a similar nature. 


132 


GOVERNMENT AND POLITICS 


servation of the public safety; (3) the promotion of the 
public health; and (4) the protection of the public morals. 

170 . Maintenance of Public Peace and Order. Mainten¬ 
ance of the public peace and order is essential to the very 
ThepubUc existence of the State. Hence government may 
order enact laws necessary to the performance of its 
functions; it may define crimes and punish criminals; es¬ 
tablish courts and regulate civil and criminal procedure; 
provide for sheriffs, jails, and penitentiaries; prevent and 
suppress unlawful assemblies and riots; and in general do 
all things necessary to maintain law and order throughout 
the commonwealth. 

Every citizen owes to the community implicit obedience 
to the laws and to the regularly constituted authorities; 
Civil and upon the orderly spirit characteristic of most 
citizens, government largely relies for the preser- 
eniorcement vation of the public peace. The official agencies 
charged with the special duty of enforcing laws are: first, 
the local police force, consisting of policemen in the cities, 
and constables in the rural districts; and second, the sheriff, 
who is both the executive officer of the courts, and the 
general conservator of peace throughout the county. The 
sheriff has power to appoint deputies, and if necessary may 
summon to his aid a 'posse.^ 

Under ordinary circumstances these local forces are 
adequate to suppress lawlessness; but if the civil author- 
Miiitary ities are unable to cope with the disturbance, the 
power governor, ordinarily upon request of the county 
sheriff, will order the State militia to the scene. If even the 
militia are unable to suppress the disorder, the State 
legislature or the governor (if the legislature is not in ses¬ 
sion) may apply to the President, who can use the whole 
military power of the federal government to suppress the 
outbreak. If the violence is so great as to interfere with 


* In theory, the posse comitatus, or county force subject to the sheriff’s summons, includes 
all able-bodied men within the county. 



ARMORY OF THE STATE MILITIA 
xVt Medford, Mass. 



POLICE PROTECTION DURING A STRIKE 

A number of wagons, each guarded by a S(iuad of policemen. The occasion was 

a teamster’s strike in a large city. 



















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4 



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THE POLICE POWER 


133 


the execution of the functions of the federal government, 
as the transmission of the United States mails, the Pre¬ 
sident may send federal troops to the scene without the 
request, and even contrary to the desire, of the State 
authorities.^ 

Thus the immediate purpose of the militia is to act as 
a sort of State police force on which the governor may call 
in case of serious riots or insurrection. Under an 

Militia 

act of Congress, the militia liable to be called out 
by the President consists of all able-bodied male citizens 
between the ages of eighteen and forty-five, an aggregate 
of over fifteen million men. This entire number consists of 
two classes: a small force (about 100,000 men) of organ¬ 
ized militia (known as the national guard and the naval 
militia^); and a vast force of reserve militia, called upon 
only in time of emergency. 

The national guard is in no sense a standing army but 
rather a citizen-soldiery, its members pursuing their ordinary 
vocations and coming together for drill a few Thena- 
times each month at the armories provided by the 
State government. Each year the entire national guard of 
the State is assembled in an encampment for the purpose 
of inspection and drill. Enlistment is voluntary, usually 
for a period of three years. 

Congress prescribes the rules for the organization, arma¬ 
ment, and discipline of the militia; and these are now the 
same as for the regular army. The militia may Regulations 
be called into the service of the United States in concerning 
order to execute the laws of the Union, suppress 
insurrection, and repel invasion. Except when called into 
the federal service, the commander-in-chief is the governor, 
assisted by his military staff, at the head of which is the 
adjutant-general. Other officers are appointed by State 
authorities, or elected by the men. 

1 This action was taken by President Cleveland during the great railroad strike of 1894. 

* Nineteen commonwealths bordering upon the lakes or seacoast maintain naval militias, 
organized and officered in accordance with the rules of the United States Navy. 


134 


GOVERNMENT AND POLITICS 


171. Preservation of the Public Safety. One of the prin¬ 
cipal objects for which the police power may be exercised 

is the preservation of the public safety. Under 
ReguiaUons included the numerous statutes regu¬ 

lating steam and electric railways; ^ prohibiting the keeping 
of explosives in dangerous quantities; forbidding the carry¬ 
ing of concealed weapons; prohibiting the sale of poisonous 
drugs unless labeled poison; requiring the muzzling of dogs; 
providing that electric light wires in cities be laid below the 
surface of the streets; regulating the general use and care of 
streets and sidewalks; and establishing building regulations.^ 

172. Promotion of the Public Health. Of the highest 
importance are the laws and regulations designed to pro- 
Pui)Uo mote the public health of the community by main- 
health taining good sanitary conditions, and by prevent¬ 
ing the spread of contagious or infectious disease. 

Control of public health is left primarily to local health 
boards or officers of the cities, townships, and counties; but 
in nearly every commonwealth there is a State board or 
department having general supervision over conditions 
affecting the public health, with some degree of control 
over local boards and officers. 

In order to protect the public health, governments 
generally forbid the use of surface wells in cities; establish 
Health quarantine regulations, as the exclusion from the 
regulations or the destruction of diseased cattle; prohibit 

the sale of unwholesome provisions and adulterated food 
products; provide public hospitals and require the removal 
thereto of persons affiicted with dangerous contagious or 
infectious diseases; make regulations for the proper burial 
of the dead; and adopt such other rules as are necessary to 


* For example, requiring the erection of fences and cattle-guards, the safeguarding of 
railway-crossings, the use of spark-arresters, of signal and switching devices, of brakes and 
automatic couplers, regulating the speed of trains in cities, requiring the maintenance of 
suitable depots and waiting-rooms for passengers, and prescribing tests of competency for 
engineers and conductors. 

* For example, prescribing the maximum height of buildings, the strength of founda¬ 
tions and wails, character of the plumbing, and the number of exits and fire-escapes. 


THE POLICE POWER 


135 


protect the general health of the community. The liquor and 
cigarette traffic may also be regulated or entirely prohibited 
by the legislature as dangerous to the public health. 

173. Protection of the Public Morals. The object of 
legislation in protection of public morality is not to set up 
a standard of morals to which each person must 
conform, the private character of the individual private 
being a matter for his own conscience and the 

moral law. But government does have regard to the general 
moral health of citizens, just as to their physical health, 
and hence prohibits certain conduct which tends to lower 
the general moral tone of the community. On this ground 
statutes have been upheld punishing blasphemy; requiring 
the cessation of all ordinary business and employment on 
Sunday;^ prohibiting gambling and other immoral amuse¬ 
ments and entertainments; suppressing lotteries; and for¬ 
bidding acts of cruelty to animals. 

174. Miscellaneous Examples of the Police Power. Four 
important subjects of the exercise of the police power deserve spe¬ 
cial consideration, being justifiable upon one or more of the above 
grounds of public safety, health, or morality. These are: (1) the 
regulation of trades, callings, and occupations; (2) regulation of 
labor; (3) regulation of charges and prices; and (4) regulations to 
prevent frauds and oppression. 

175. Regulation of Trades, Callings, and Occupations. 

The general principle is that one may engage in any lawful occupa¬ 
tion or employment; but the commonwealth may regulate the con¬ 
ditions under which employments may be carried on, and forbid 
those which it deems prejudicial to the public good. Legislation 
concerning occupations and employments is usually for one of 
three purposes: (1) Certain occupations, as the liquor traffic and 
gambling, are deemed inherently vicious and immoral, and may 
be regulated or entirely prohibited. (2) Other callings (as the 
business of ticket-scalping), while not inherently immoral, may 
be forbidden as against public policy; and other proper occupa¬ 
tions may be regulated (as the business of pawnbrokers and 
junk-dealers); or altogether prohibited under conditions likely to 
render them a public nuisance (as slaughter-houses in cities). 

» Sunday regulations are now generally sustained as necessary to the public health, rather 
than on moral grounds. 


136 


GOVERNMENT AND POLITICS 


(3) Finally, there is a large class of occupations and professions 
where the safety, health, or property of the public is directly de¬ 
pendent upon the possession of special knowledge and skill on the 
part of those who practice them; and hence government may 
restrict such callings (as those of law, medicine, teaching, phar¬ 
macy, plumbing) to persons who can pass prescribed examinations 
designed to test their qualifications. 

176. Regulation of the Liquor Traffic. Regulation of the 
manufacture and sale of intoxicating liquors has always been held 
a valid exercise of the police power, justifiable on all 
proMbition three grounds of public safety, health, and morality. 

Absolute prohibition of the manufacture and sale of 
intoxicating liquors (except for medicinal or mechanical purposes) 
exists by constitutional provision in Maine, Kansas, North Dakota, 
and Oklahoma; and by statute in Alabama, Mississippi, North 
Carolina, Georgia, Florida, and Tennessee.^ Against the policy of 
State-wide prohibition, it is pointed out that in the prohibition 
commonwealths, breweries and distilleries exist and operate; that 
liquor is sold openly in many cities, and surreptitiously in many 
others; and that because of the diflSculty of obtaining evidence 
and convictions against liquor-sellers, the prohibition law is prac¬ 
tically a dead letter. On the other hand, the friends of this policy 
claim that prohibition laws are as well enforced as other penal 
statutes; that they are of immense moral value in placing the 
stamp of public disapproval upon the traflSc; and that, except in 
the large cities, they have banished the open saloon with its dan¬ 
gerous allurements. 

Local option, or prohibition within local areas upon the aflSrm- 
ative vote of a majority of the electors, is the system prevailing in 
Local option than half the States. Under this plan the voters 

of a county, township, village, or city (or ward or other 
district within the city), are allowed to determine whether or not 
the prohibition law shall be applied to that particular area of the 
commonwealth. Local option has the great advantage of resting 
the policy concerning temperance upon the approval of the local 
community; and upon local approval temperance laws must 
largely depend for their sanction and support.^ 

Under the license system, the State taxes each saloon a sum vary¬ 
ing in different commonwealths from $50 to $1200 a year. The 

^ Many other commonwealths have adopted and subsequently repealed State wide pro¬ 
hibition laws. Among these are Vermont, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, Delaware, Michigan, Indiana, and New York. 

* Local option and State prohibition have together abolished the saloon from two thirds 
of the territory of the United States, so that at the present time fifty million people, or 
more than half the entire population of the Union, live under some forp of prohibitory law. 


THE POLICE POWER 


1S7 

advantages of a high-license system are that it lessens the number 
of saloons and the amount of liquor sold, and forms 
a productive source of revenue. Against the plan it is gygJem 
urged that it makes the State a partner in the evils of 
the traffic, and helps make the liquor-selling business respectable. 
On the whole, the system of high license, in combination with 
local option for districts desiring absolute prohibition, seems to 
be more successful than any other plan. 

The dispensary system, a modification of the Norwegian or 
Gothenburg system, has been tried in South Caro¬ 
lina. Under this plan, government has a monopoly of 
the liquor business, all liquor being sold by local dis¬ 
pensers under severe restrictions. i 

177. Regulation of Labor. State regulation of labor is justi¬ 
fiable if necessary to protect the safety, health, or morals of the 
laborers themselves, or of the general public. Regulations of this 
kind commonly restrict the employment of women and children 
in factories and mines; provide for the safety of employees by 
requiring the inspection of elevators and boilers, and the fencing 
of dangerous machinery; safeguard the health of laborers by 
prescribing the minimum floor space and air supply per individ¬ 
ual; and regulate the manufacture and sale of articles made in 
tenements. These provisions are generally enforced by a State 
department of labor in charge of a commissioner or inspector. 

178. Regulation of Charges and Prices. Under the modern 
principle of freedom of contract, the rate of wages and the prices 
of commodities are ordinarily left to private arrange¬ 
ment between the parties concerned. But under some 
circumstances, prices may be controlled by law in the 
exercise of the police power. Thus where a corporation under¬ 
takes a public employment,^ as the transportation of passengers 
and freight, and receives special privileges which only govern¬ 
ment can confer (as the power of eminent domain), the prices 
charged may be regulated in the interest of the public so as to 
prevent unreasonable and exorbitant charges.^ Instances of busi¬ 
ness “ affected with a public interest ” and therefore subject to 
reasonable regulation are: the business of railroads and other 
common carriers, including hackmen, draymen, and public ferry¬ 
men; also that of public.millers, hotel-keepers, and warehousemen. 


1 The dispensaries are open only in the daytime; no liquor can be drunk on the premises; 
and profits from the business go to the government. 

* Corporations of this kind are usually called quasi-public, or public-service corporations, 
because of the public nature of their business. 

* Munn V. Illinois, 94 U. S. 113; Thayer’s Cases, i, 743. 


138 


GOVERNMENT AND POLITICS 


179. Regulations in Prevention of Frauds and Oppres- 

Speclal Sion. Limitations are often placed upon freedom of 
protection contract in cases where because of special circumstances 
of certain the parties are not on an equal basis, one of them lack- 
c asses liberty of action. Illustrations are the usury 

laws, and statutes designed to protect minors and insane persons 
in their business dealings. 

Regulations designed to protect the public against fraud and 
oppression are those providing for inspection of weights and meas- 
Provlslons ures; regulating the weight of bread in a loaf; pro- 
agalnst hibiting trusts, corners, pools, and other combinations 
oppression restraint of trade and designed to create a monopoly; 
and forbidding boycotts and other coercive measures which inter¬ 
fere with the rights of persons or property. 

GENERAL REFERENCES 
Black, H. C., Constitutional Law (1897), ch. xiv. 

Commissioner of Labor, Fifth Special Report (1893), Gothenburg system ; 

Twelfth Annual Report (1897), Economic Aspects of Liquor Problem. 
Cooley, Thos. M., Constitutional Law (1898), pp. 250-263. 

- Constitutional Limitations (1903), ch. xvi. 

Bliss, W. D. P., and others. Encyclopedia of Social Reform (1908); articles 
on Temperance, Prohibition, Factory Legislation, and Tenements. 
Forman, S. E., Advanced Civics (1905), ch. li. 

Freund, E., The Police Power. 

Hart, A. B., Actual Government (1903), ch. xxx. 

Hunt, W. C., Workers at Gainful Occupations (Bulletin no. in, U. S. Dept, 
of Labor). 

Koren, John, The Economic Aspects of the Liquor Problem (1899). 
McClain, E., Constitutional Law (1905), ch. ix. 

Prentice, W. P., Police Powers. 

Tiedeman, C. G., Limitations of the Police Power. 

Tucker, J. R., Constitution of the United States (1899), ii, pp. 850-861. 
Wines, F. H., and Koren, John, The Liquor Problem in its Legislative Aspects 
(1898). 

Wright, Carroll D., Practical Sociology (1899), chs. xii, xxiii. 

QUESTIONS AND EXERCISES 

1 . What authorities have charge of the maintenance of public peace and 
order in your community? How are these officers chosen? Term? How 
removed? 

2 . Explain how the federal government cooperates in maintaining order 
in your commonwealth, both in suppressing crimes against federal laws, 
and in supporting the authority of the State government. 

3. How many men are included in the national guard of your State? What 
is the period of enlistment? Where are the men drilled? 

4. Under what circumstances may the governor of your State call out its 



THE POLICE POWER 


139 

militia for active service? Has it been necessary to call out the militia 
within recent years? 

5. Give the provisions of five of the most important laws passed by your 
State legislature to insure public safety. 

6 . What board or department in your commonwealth has general supervis¬ 
ion over public health? Describe the powers of this department fully, 
and state its authority over local health boards. 

7. Examine the reports of your State board of health and ascertain: 
(a) what regulations it has established concerning communicable dis¬ 
ease; (b) what control it exercises over the food supply; (c) what reg¬ 
ulations it has adopted to protect the public waters; (d) what other 
sanitary regulations it attempts to enforce. 

8 . Give instances of important health regulations adopted by your local 
health department. 

9. Under what circumstances may a health department destroy private 
property without compensation to the owner? 

10 . Give instances of laws passed by your State government for the protec¬ 
tion of public morals. Are these regulations strictly enforced? Why 
does the enforcement of such regulations largely depend upon public 
sentiment in each community? 

11. Give instances of occupations or callings which are unlawful in your 
commonwealth. Of other occupations which, while not entirely pro¬ 
hibited, are subject to a large degree of police regulation. 

12. Does regulation of the liquor traflic in your commonwealth take the 
form of State prohibition, local option, or the license system? What are 
the principal arguments in favor of State prohibition? Of the local 
option system? 

13. If your commonwealth has adopted State prohibition, state whether 
the law is effectually enforced. If local option prevails, describe fully 
the conditions under which the system may be adopted. 

14. Give some of the most important provisions adopted by your common¬ 
wealth in regulation of labor. 

15. What restrictions has your State placed upon the employment of wo¬ 
men and children in factories and mines? What is the object of such 
regulations? Who enforces them? 

16. Have you a State board of arbitration for the settlement of labor dis¬ 
putes? Has it been successful in adjusting such controversies? 

17. What is meant by a strike? Lock-out? Boycott? Picketing? What 
can you say of the legality of these methods of industrial warfare? 

18. What strikes have occurred in your State during the last year? What 
per cent of these were successful? (See report of your Bureau of Labor 
Statistics.) 

19. Explain how a strike affects many more people than the employer and 
employees in the particular industry. 

20 . Give arguments for and against compulsory arbitration of labor dis¬ 
putes. 

21 . Prepare a paper on the growth of labor organizations in the United 
States. 

22 . Give examples of industries in which the prices or charges are regulated 
by law in order to protect the public. 


CHAPTER XIII 


CRIME AND ITS PUNISHMENT 

180. Wrong-Doing in Early Society. In the early stages 
of society, private retribution was the sole remedy for 
Private and wrongs. If an individual suffered injury, retalia- 
pubiic tion became the duty of his family or tribe. Or¬ 
ganized revenge thus became a social institution, 

and even in modern times has survived in some backward 
regions as the “blood-feud.” ^ Gradually retaliation was 
somewhat checked by a system of compensation for in¬ 
juries through the payment of money or goods—from which 
the modern system of fines has been derived. With the 
evolution of the state, government soon assumed the func¬ 
tion of arbitrating private controversies and of redressing 
injuries. Wrongs were no longer a matter of private venge¬ 
ance, but were redressed through the courts by means of 
civil and criminal procedure. 

181. Classification of Wrongs. The wrongs for which 

modern governments afford redress are of two classes: pri- 
Private and WTongs or torts, and public wrongs or crimes, 

public Torts may be defined as offenses primarily against 
wrongs individual rights, for which the person injured 
may bring a civil suit for damages or ask protection through 
an injunction; ^ while public wrongs or crimes are offenses 
so injurious to society as a whole that government itself, 
through a criminal proceeding, enforces the penalty. Some 
actions, properly designated as sinful or vicious, are neither 
civil nor criminal offenses — in other words, the law does 
not seek to prevent all wrongful acts. On the other hand. 


1 Duels, and in a measure lynchings, are survivals of the earlier status. 
* The procedure in civil cases has been described in Section 161, 


CRIME AND ITS PUNISHMENT 


141 


acts which in themselves do not involve moral turpitude 
are sometimes declared criminal; for example, driving on 
the left-hand side of a bridge. Thus only those acts are 
crimes which are so declared by law. 

182 . The Definition of Crime. A crime may be defined as 
an act forbidden by law as injurious to the public, and 
which government prosecutes and punishes in its variable 
own name. What acts are declared criminal de- 

pends upon the common beliefs and convictions of men as 
reflected in their laws and institutions. Thus crime varies 
among different nations and in different periods of history; 
acts regarded as heroic in one age may be considered crim¬ 
inal in another, and vice versa. In the last analysis the de¬ 
finition of crime is the product of public sentiment in a 
particular society; ^ and upon the same public sentiment 
criminal laws practically depend for their enforcement. 

183 . Classification of Crimes. The legal classification 
of crimes is based upon the nature of the punishment, and 
includes three grades: treason, felonies, and mis- Treason, 
demeanors. Treason is a crime aimed at the gov- mig. 
ernment itself, and consists in levying war against ‘lenieaaors 
the United States, or adhering to its enemies, giving them 
aid and' comfort. Felony includes all the more serious crimes 
punishable either by death or by imprisonment in the peni¬ 
tentiary; ^ while misdemeanors are offenses of a minor 
nature, punishable by fine or imprisonment in the county 
jail or workhouse. 

With reference to the nature of the criminal act, crimes 
may be classified as (a) offenses against government, as 
treason and bribery; (b) offenses against public 
order, as riot and conspiracy; (c) offenses against ciassifica- 
public health, as nuisance; (d) offenses against 
religion, morality, and decency, as blasphemy; (e) crimes 

* Criminality “consists in a failure to live up to the standard recognized as binding by 
the community.” — Ellis, H., The Criminal, p. 250, 

2 At common law, felony included those crimes whose punishment involved forfeiture of 
the criminal’s lands and goods, and for which the death penalty might also be inflicted. 


142 


GOVERNMENT AND POLITICS ) 

against the person, as assault or robbery; (f) crimes against 
the dwelling-place, as arson and burglary; (g) crimes against 
property, as larceny and forgery; (h) maritime offenses, as 
piracy. ^ 

184 . The Causes of Crime. The numerous factors which 
produce crime may be grouped into three great classes: 
Analysis physical, social, and individual. (1) The physical 
oi lactors cosmic factors affecting crime are climate and 
the variations of temperature. ( 2 ) Social factors are the 
political, economic, and social conditions under which men 
live; e. g., poverty, density of population, industrial de¬ 
pressions, lynching, corrupt politics, influence of evil as¬ 
sociations, and of injurious theories and beliefs. (3) Indi¬ 
vidual factors of crime are those attributes inherent in the 
individual himself, as sex, age, education, occupation, and 
alcoholism — forces whose ultimate product is sometimes 
hereditary or individual degeneration. The science which 
treats of the nature and various causes of crime, known 
as criminology, has been of especial value in suggesting 
possible methods of prevention. 

185 . The Repression of Crime. Among the important 

means which society has provided for dealing with crime 
Repressive are the public police force, whose special duty is 
agencies prevention and detection of crime and the ar¬ 

rest of criminals; the system of courts and criminal pro¬ 
cedure for the determination of the guilt of accused persons; 
and the various types of penal institutions for the punish¬ 
ment of convicted criminals. In the United States these 
agencies are provided chiefly by the individual common¬ 
wealths, the federal government having jurisdiction only 
over limited classes of crimes.^ 

186 . First Steps in a Criminal Action. The various steps in 
Warrant and ^ criminal proceeding are designed to safeguard the 
arrest social welfare, while at the same time protecting the 

rights and liberty of the individual. As a general rule, 
the person supposed to be an offender is arrested in pursuance of 

* See Chapter xxxv. 


CRIME AND ITS PUNISHMENT 


143 


a warrant, that is, an order issued by a proper magistrate and 
addressed to an officer directing him to arrest the person named. 
But either an officer or a private individual may arrest without 
warrant under certain circumstances; for example, if a crime is 
being committed in view of the person who apprehends the 
criminal. 

The next step is the examination before a court having original 
jurisdiction over the offense. In case of felonies this is gener¬ 
ally a preliminary step to ascertain whether there is 
reasonable cause to hold the accused to await the 
action of the grand jury; and if guilt seems probable, 
or if the accused waives examination, he is committed to jail by 
a mittimus} or released on bail.^ But in case of misdemeanors, 
magistrates often have summary jurisdiction, and at once proceed 
with the trial, render a decision, and assign a penalty. 

187. Framing a Formal Accusation. Most State constitu¬ 
tions as well as the federal constitution provide that “ no person 
shall be held to answer for a capital or otherwise in- indictment 
famous crime, unless on a presentment or indictment of or presont- 
a grand jury.” The grand jury is a body of men (com- 
monly twenty-three) selected from the people of the county for the 
purpose of inquiring into offenses committed therein. The pub¬ 
lic prosecutor lays before this body the information or complaint, 
together with the evidence in its support. If a majority of the 
grand jury believe the evidence sufficient to warrant putting the 
accused person on trial, their foreman indorses on the indictment 
“ a true bill,” whereupon it is returned to the court in order that 
the defendant may be tried. If the evidence does not appear suf¬ 
ficient, the accused has a right to discharge, but may be subse¬ 
quently indicted by another grand jury. In addition to cases 
brought before it by the prosecutor, the grand jury may inquire 
into offenses which have come to their own notice, and if the evi¬ 
dence warrants, may render a presentment or formal accusation, 
whereupon the court generally orders an indictment to be framed. 

In States whose constitutions do not require indictments or pre¬ 
sentments, prosecutions are usually initiated by means The 
of an information or written accusation presented information 
under oath by the public prosecutor to the court having juris- 

1 If there is reason to suppose that a person has been illegally committed to jail, he is en¬ 
titled to a writ of habeas corpus. This is an order issued by the judge commanding that the 
person held be brought before the court in order that it may be judicially determined whether 
he is legally detained. 

* Bail is the delivery or bailment of the arrested person to certain sureties, upon their giv¬ 
ing sufficient security for his appearance in court. The amount of the bond varies with the 
enormity of the offense charged. 


144 


GOVERNMENT AND POLITICS 


diction of the offense charged. Both the information and the 
indictment must set forth all the essential elements and circum¬ 
stances of the offense, so that the accused may know the nature 
of the crime, and be prepared to offer evidence in his defense. In 
case the person against whom the indictment or information is 
found has not been arrested and brought before the court, a war¬ 
rant known as a process is issued for his apprehension. 

188. Arraignment and Trial. The next step is arraignment. 
Before the bar of the court in open session the indictment or in- 
Tho plea formation is read to the accused, and he is asked to 
plead guilty or not guilty to the accusation. If he 
stands mute and refuses to answer the arraignment, the court 
will order a plea of not guilty to be entered. A plea of guilty 
amounts to a waiver of the trial, and the court may forthwith 
decree judgment. If the accused pleads not guilty, his attorney 
may under certain circumstances object to the jurisdiction of the 
court, demur, offer plea in abatement or in bar; or he may pro¬ 
ceed with the trial of the issue. 

The trial is the legal investigation of the issues created by the 
prosecution and the plea. Constitutional provisions commonly 
Constltn- secure the right of the accused: (1) to be admitted 

tional to reasonable bail; ^ (2) to have a copy of the accusa- 

saleguards against him; (3) to be heard by himself and coun¬ 

sel; (4) to meet the witnesses face to face; (5) to have compulsory 
process for obtaining witnesses in his favor; (6) to have a speedy 
public trial before an impartial jury; and (7) not to be twice 
placed in jeopardy for the same offense. 

The petit jury is a body of twelve men legally selected from the 
people of the county, and duly impaneled and sworn to try the 
The petit issue between the government and the accused. Before 

1^ the jury is sworn, both the prosecution and the defense 

may object to any individuals who, for valid reasons, ought not 
to serve; ^ and a certain number of peremptory challenges is also 
allowed. 

When the jury have been sworn, the indictment and plea are 
read to them, and the trial begins. The various steps include the 
Steps In introduction of evidence, the arguments of counsel, 
the trial 1-^® charge of the court, the deliberation and verdict of 
the jury, and the judgment. Two of the most import¬ 
ant rules of evidence in criminal cases are that the accused is 
always presumed to be innocent until he is proven guilty; and 

* Except for capital offenses where the guilt is evident or the presumption great. 

* Any juror who states that he has formed an opinion about the case is incompetent to 
serve, provided he would not be able to try the case fairly on the evidence presented. 


CRIME AND ITS PUNISHMENT 


145 


that the prosecution must prove aflfirmatively, and beyond a rea¬ 
sonable doubt, every material allegation in the indictment. The 
accused has the right to testify in his own behalf, but is protected 
by constitutional provision from being compelled to do so.^ In 
criminal cases the verdict of the jury must be unanimous.^ If 
after due consideration the jury cannot agree upon a verdict, they 
may be discharged and the accused remanded for another trial. 
If the verdict is an acquittal, the accused is immediately dis¬ 
charged; if it is one of conviction, the accused may under certain 
circumstances immediately file a motion for a new trial or in 
arrest of judgment. 

If neither of these motions is made or if, having been made, 
it is overruled, the court proceeds to judgment. This is an 
order directing the kind and measure of punishment 
to be inflicted on the accused, in conformity with the 
laws prescribing penalties for such offenses. Unless stayed by 
error proceedings or reprieve, or prevented by pardon, execution 
of the judgment follows; and this consists in the infliction upon 
the offender of the punishment imposed by the court. 

189 . The Theory of Punishment. In the early stages of 
society, and indeed throughout the greater part of the 
world’s history, the object of punishment was Early and 
retaliation — a life for a life, an eye for an eye, modern 
a tooth for a tooth. The crime of murder is still 
generally punished on this principle, although the tendency 
is toward the abolition of the death penalty.^ But the pre¬ 
vailing theory of punishment is not retaliation, but rather 
the protection of society, and if possible the reformation of 
the offender. By inflicting punishment, society endeavors to 
protect itself against criminal acts by awakening a whole¬ 
some fear of their consequences. History proves that se¬ 
verity of penalty alone will not solve the problem; and hence 
effort is now made to provide punishment of such character 
that it may reform the offender, and ultimately fit him for 
the life of a trustworthy citizen. 

* But if he voluntarily goes on the stand he may be cross-examined like any other 
witness. 

* Except that in a few Western States a verdict of nine or ten out of the twelve jurors 
is allowed in som^ cases. 

> Capital punishment has been abolished in Maine, Bhode Island, Michigan, Wisconsin, 
and Kansas. 


146 


GOVERNMENT AND POLITICS 


Fines or imprisonment, or both, are the penalties com¬ 
monly inflicted; and these vary greatly in severity through- 
„ out the Union, even for the same offense. Laws 

punisii- defining crimes usually prescribe a maximum and 

minimum penalty, the exact punishment within 
these limits being left to the discretion of the trial judge. 
Imprisonment is generally for a fixed period which may be 
reduced by good behavior; but several commonwealths 
have adopted the indeterminate sentence under which the 
criminal is not sentenced for a fixed term, but only until 
his conduct shows that he is fit for liberty. 

190 . Places of Imprisonment. Places of imprisonment 
comprise lock-ups or police stations, jails, work-houses, 
reformatories, and prisons or penitentiaries. Lock-ups and 
police stations are used for the detention of arrested per¬ 
sons pending immediate trial before the proper magistrate. 
Jails are county institutions intended primarily for the de¬ 
tention of persons awaiting trial; but they are often used 
for the punishment of offenders sentenced to a short term 
of imprisonment, notwithstanding this practice in effect 
provides a school for crime. ^ W^ork-houses are local in¬ 
stitutions used for the punishment of minor offenses; 
reformatories are intermediate prisons for the punishment 
of juvenile offenders; and penitentiaries or prisons are 
provided for the incarceration of convicted felons. 

Two general types of prisons are found, the separate 
system which formerly existed in the Eastern Penitentiary 
Types ot at Philadelphia, and which prevails generally 
prisons throughout Europe; and the congregate or Auburn 

system — the common plan in the United States. The 
separate plan involves a complete separation of the prison¬ 
ers; each man works, eats, and sleeps in an individual cell 
apart from all other inmates.^ Under the congregate sys- 


> O^ng to the fact that prisoners of all grades and ages are often placed together with no 
provision for useful employment. 

s This system involves a large expense for operation, and has been modified at the East* 
era Penitentiary by placing more than one inmate in each cell. 


CRIME AND ITS PUNISHMENT 


147 


tern, the men are placed in separate cells at night, but they 
work and dine together. 

191 . The Treatment of Criminals. The importance of 
classifying criminals with a view to their possible reforma¬ 
tion is now generally recognized; and accordingly The mark- 
prisoners are generally classed as juvenile offend- system 
ers, reformatory cases, and incorrigibles. With the object of 
encouraging industry and good conduct within the prison, 
most penitentiaries have a system of marks and grades, 
promotion from a lower to a higher grade depending upon 
the number of marks earned. Obedience to the orders of 
officers and the rules of the prison, performance of assigned 
tasks, and upright conduct form the basis of the marking 
system; and by good behavior it is possible for the convict 
to shorten materially his term of imprisonment. 

Labor is recognized as of the highest value in the treat¬ 
ment of prisoners, the four common systems of prison labor 

being the lease system, the contract system, the ^ 

. . , 1 Prison labor 

piece price plan, and the public account system. 

Under the widely used public account plan, government 
furnishes the plant and raw materials, and the business 
of manufacturing is carried on under the direction of 
prison officers. The industries are diversified as much as 
possible in order to adapt them to the occupations and 
training of the convicts, and in order to reduce the effects 
of competition with free labor. In many commonwealths 
prison labor is devoted largely to the manufacture of goods 
used in the various State institutions. 

192 . The Prevention of Crime. Inasmuch as the majority 
of convicts are unskilled laborers, the best organized penal 
institutions provide trade and technical educa- preventive 
tion for their inmates, with the object of qualify- 

ing them for useful employment upon their discharge. In 
many other ways society now aims at the prevention of 
crime instead of relying solely upon repressive measures. 
These preventive methods include careful registration 


148 


GOVERNMENT AND POLITICS 


of criminals by the Bertillon method; employment bureaus 
to secure work for discharged prisoners; increased efficiency 
of police systems; improved systems of poor relief; checks 
upon the hereditary supply of criminal stock; the removal 
of the social causes of crime (as defective economic con¬ 
ditions); and finally, the improvement and adaptation of 
educational systems, especially by enlarging the facilities 
for trade and technical training. 

193 . Treatment of Juvenile Offenders. In recent years 
there has been great progress in the social treatment of 
Reform- juvenile offenders, most of whom need training 
atones rather than punishment. Special provision is now 
made for the care of such cases in industrial and reform 
schools, and in well-organized reformatories. The reform¬ 
atories at Westboro, Massachusetts, Coldwater, Michigan, 
and Lancaster, Ohio, are model institutions of their class; ^ 
and excellent results have been obtained by means of the 
industrial and academic education which they supply, 
aided by the principle of the indeterminate sentence. 

The latest development in the treatment of youthful 
offenders is the establishment of special courts for the trial 
Juvenile of juvenile delinquents, the judges commonly 
oouits having wide discretion over the disposal of such 
cases. Special probation officers are also employed for the 
supervision of delinquent, dependent, and neglected child¬ 
ren in the numerous cases where institutional treatment 
does not seem expedient. These officers act under the di¬ 
rection of the juvenile court in the commonwealths having 
this institution. 

* In all there are seventy reformatories in the United States with an average attendance of 
20,000 juveniles. 


CRIME AND ITS PUNISHMENT 


149 


GENERAL REFERENCES 

Baldwin, Simeon E., Modern Political Institutions (1895), chs. v, ix. 

Beard, C. A., American Government and Politics (1910), pp. 568-577. 

Bishop, J. P., Criminal Law. 

Black, H. C., Constitutional Law (1897), ch. xx. 

Boies, H. M., Science of Penology (1901). 

Dugdale, R. L., The Jukes (1902). 

Ellis, Havelock, The Criminal (1907). 

Bliss, W. D. P., and others. Encyclopedia of Social Reform (1908); articles on 
Crime and Penology. 

Hall, A. C., Crime in its Relation to Social Progress (1902). 

Henderson, C. R., Dependent^ Defective^ and Delinquent Classes (1906), pp. 
215-338. 

McClain, E., Constitutional Law (1905), ch. xlii. 

- Criminal Law. 

Morrison, W. D., Crime and its Causes (1891). 

New International Encyclopedia, articles on Criminology, Convict Labor, 
Punishment, Reformatories. 

Robinson, W. C., Elementary Law (1882), pp. 239-336. 

Tallack, William, Penology and Preventive Principles (1896). 

Walker, Timothy, American Law (1905), pp. 553-565, 636-643. 

Wines, F. H., Punishment and Reformation (1895). 

Wright, Carroll D., Practical Sociology (1899), chs. xxi-xxii. 

QUESTIONS AND EXERCISES 

1 . Are there any provisions in your State constitution concerning crimes 
or punishment? 

2 . What is a felony under the laws of your State? Name several crimes 
which are felonies. 

3. In your community what court has jurisdiction over misdemeanors? 
Over felonies? 

4. Describe the first steps in a criminal action under the laws of your 
commonwealth. 

5 . How is the grand jury chosen? Of how many men does it consist? De¬ 
scribe the process of rendering an indictment or presentment. 

6 . Describe the remaining steps in a criminal action in your county (ar¬ 
raignment, trial, judgment). 

7. Explain the importance of jury trial to one accused of crime. 

8 . What is the method of selecting petit jurors in your county? Can you 
suggest a better method? 

9 . Visit the courthouse and observe the steps in a criminal trial. Write 
a report of the proceedings. 

10 . Enumerate the safeguards in your State constitution designed to secure 
the rights of accused persons. 

11 . Is the principle of the indeterminate sentence applied in your common¬ 
wealth? 

12. Are those who have been convicted of a felony permitted to vote in 
your State? 

13. Give arguments for and against capital punishment. 

14. Classify the various places of imprisonment in your State. What class 
of offenders is sent to each? 



150 


GOVERNMENT AND POLITICS 


15. What industries are carried on in your State penitentiary? Explain the 
advantages to the State and to the prisoners of keeping the latter em¬ 
ployed at useful labor. What arguments are sometimes urged against 
prison labor? 

16. Is there a reformatory in your State for youthful offenders? If so, write 
a brief account of it. 

17. What industrial or reform schools are there in your State? Are they 
accomplishing good results? 

18. Is there a juvenile court in your community? If so, describe its work, 
and that of the probation officers. 

19. Prepare a brief report on the treatment of criminals in colonial times. 
(McMaster, History of the American People, i, pp. 93-102.) 

20 . Suggested readings on criminal procedure: Kaye, P. L., Readings, 
pp. 316-334. 


CHAPTER XIV 


PUBLIC CHARITIES 

194 . Relation of Government to Charity. In early times 
the relief of the destitute and helpless members of society 
was left chiefly to the church and to private phil- 
anthropy; but to-day in the more progressive a public 
countries the care of the dependent and defect¬ 
ive classes is a clearly recognized function of government. 
The aim of public charity is the relief of those suffering 
from poverty and disease; and at the present time special 
effort is made to discover and remove the causes of dis¬ 
tress, rather than merely to minimize the results of bad 
conditions.^ 

Actual administration of public charities is entrusted 
primarily to local areas — to the towns in New England 
and the Middle States, to the counties in the 
South, and in the Central and Western States to admin- 
one or both of these divisions. The larger cities 
frequently have a system of poor relief separate from that 
of the counties in which they are situated. 

In many commonwealths the work of local authorities 
is subject to a greater or less degree of central supervision 
by a State board of charities. Generally this is state boards 
merely an advisory body with power to inspect, o^ariues 
investigate, and make recommendations to the governor 
or legislature (as in New York, Massachusetts, Ohio, and 
Indiana). In several commonwealths^ the State board is 
one of control, with power to appoint the superintendents 
of charitable institutions, inspect the construction of asy- 


* The effort to ascertain causes is characteristic of private, rather than of public charity. 

* Including Minnesota, Iowa, Kansas, and Wisconsin. 


152 


GOVERNMENT AND POLITICS 


lums and poor-houses, and in general to administer the 
charitable system of the State. 

195 . The Causes of Poverty. Various theories have been 
advanced by economic writers to account for the funda- 
Theories ot mental causes of poverty. Thus some economists, 
Soorg^^^d following the teachings of Malthus, assert that 
poverty exists mainly because population tends 
to increase faster than food supply. Other writers accept 
the theory of Henry George that poverty exists because the 
owner of land receives as rent a large share of the annual 
product which ought to go to the laborer. Socialistic 
writers, following the doctrine of Karl Marx, maintain 
that poverty is due to the fact that under capitalistic 
production the capitalist appropriates nearly all the product 
of labor, paying the laborer wages which barely suffice to 
keep him alive. 

A more probable explanation is that poverty results not 
oiassiiica- ^ single cause, but from a number of causes, 

tionof These have been grouped by Professor Carl 
Kelsey into three main classes, environmental, 
personal, and social, as shown in the following outline: — 

CAUSES OF POVERTY 

I. Environmental: 

(a) Adverse physical environment: polar regions, tropics, 
deserts, swamps. 

(b) Disasters, flood, earthquake, fire, famine. 

II. Personal: 

(a) Physical defects: feeble-mindedness, insanity, blind¬ 
ness. ^ 

(b) Moral defects: dishonesty, laziness, shiftlessness, etc. 

(c) Intemperance. 

(d) Licentiousness. 

(e) Sickness. 

(f) Accident. 

HI. Social: 

(a) Industrial changes affecting the worker: change of 
location of trade, inventions, strikes. 


PUBLIC CHARITIES 


153 


(b) Exploitation. 

(c) Race prejudice. 

(d) Sickness, death, desertion, crime of natural supporter, 

(e) Defective sanitation. 

(f) Defective educational system. 

(g) Bad social environment. 

(h) War. 

(i) Unwise philanthropy. 

It is estimated that about one third of all cases apply¬ 
ing for relief do so because of sickness; another Relative 
third because of labor problems; and probably 
one fifth owing to intemperance in the family. 

196. General Methods of Poor Relief. The two gen¬ 
eral methods of granting public relief are: (1) outdoor 
relief, or that given to dependent persons in their outdoor 
homes; and (2) indoor or institutional relief. . 
Outdoor relief is carried on by local governments, which 
often supply goods, or orders for goods, to persons unable 
to support themselves. The practical difficulties in ad¬ 
ministering public outdoor relief are so great that many 
authorities believe that this plan should be discontinued 
except in rural districts.^ 

Indoor or institutional relief is afforded through the 
almshouse or poor-farm, the fundamental institution in 
our system of public charity. The almshouse is indoor 
generally a county institution except in New 
England, where the care of the poor devolves upon the 
towns.2 Municipal almshouses are maintained by the 
larger cities; while rural townships usually care for their 
paupers on poor-farms.® 

197. Care of Dependent Children. The degrading in¬ 
fluence of almshouse life upon children is now generally 

1 “Nearly all the experiences in this country indicate that outdoor relief is a source of cor¬ 
ruption to politics, of expense to the community, and of degradation and increased pauper¬ 
ization to the poor. ... In the new communities of the West it has seemed to be almost 
necessary; but it is always to be watched with care, to be kept at a minimum, and in large 
cities to be definitely prohibited.” — Warner, A. G., American Charities, pp. 174-175. 

* New Hampshire forms an exception, having both county and town institutions. 

8 In several commonwealths a group of smaller counties frequently unite in the mainten¬ 
ance of a district or association almshouse. 


154 


GOVERNMENT AND POLITICS 


recognized,^ and in many commonwealths dependent 
children are cared for in children’s homes. Since institu¬ 
tional life at best is unnatural and unsatisfactory, this 
-method is often supplemented or even entirely super¬ 
seded by the placing-out system, which aims to have de¬ 
pendent children adopted at an early age into private 
families. Practically all charitable workers agree that 
“the home is the natural place to properly develop the 
child”; and hence if supplemented by proper supervision, 
the placing-out plan is far superior to the institutional 
method. 

198 . Medical Charities. Medical assistance forms an¬ 
other important branch of public charity. Throughout the 
iniiraaries, United States it is customary to furnish advice 
and*dis-*’ and medicines to the destitute in their homes, 
pensaries for which purpose physicians are employed by the 
town or county authorities. More serious cases may be 
treated in the county infirmary (a general hospital con¬ 
nected with the almshouse); or in cities, at the municipal 
hospital. A prominent feature of city hospitals is the free 
dispensary, where advice and medicine may be secured 
without charge by those unable to pay. 

199 . Dealing with the Vagrant Poor. The best method 
of dealing with the homeless and wandering poor is a serious 
problem, largely because of the difficulty of distinguishing 
between the professional tramp and the honest but unfor¬ 
tunate seeker for employment. In most communities, both 
of these classes are treated in the same way, a common 
method being to get rid of them as promptly as possible 
by passing them along to a neighboring city, transporta¬ 
tion being frequently provided for this purpose. Sometimes 
such persons are arrested as vagrants and sent to the jail 
or workhouse; or again they may be given the relief asked 

* Dickens said: “Throw a child under a cart-horse’s feet and a loaded wagon sooner 
than take him to an almshouse.” — The keeping of normal children in almshouses is for¬ 
bidden in many States (for example, in Massachusetts, New York, Ohio, Indiana, and 
others). 


PUBLIC CHARITIES 


155 


for without any attempt to discriminate between the de¬ 
serving unfortunate and the shiftless vagabond.^ Each of 
these methods is bad; but as yet comparatively few com¬ 
munities have adopted a more scientific plan whereby each 
able-bodied applicant for relief is put to work in a wood 
or stone yard, pending a careful investigation of his case, 
followed by such action as the circumstances warrant. 

200 . Charity Organization Societies. In many of the 
larger cities, the various charitable organizations are united 
in a charity organization society ^ which is a central agency 
for seeming cooperation among the different philanthropic 
agencies. The charity organization society aims to secure 
accurate knowledge concerning each applicant for aid, and 
then to bring each deserving case to the attention of the 
organization which can best deal with it.® This plan avoids 
duplication of effort by different societies, and tends to pre¬ 
vent imposition by professional tramps and beggars. It 
makes possible the elimination of indiscriminate almsgiving, 
since the citizen may refer unknown applicants for relief 
to the charity organization society, whose special business 
is the investigation of such cases. Another important 
function of this organization is the collection and diffusion 
of accurate information concerning charities and their 
administration. 

201 . Care of Defective Classes. In earlier days the alms¬ 
house commonly cared for defectives, as well as 

for the dependent class; but at the present time 
defectives, including the insane, blind, deaf-mutes, 
and feeble-minded, are often cared for in special institutions 
maintained by the State.^ 

> “Giving without knowledge is, in its effects, like administering powerful medicines in 
the dark; and the effect of such impatient and impulsive payment for escape from impor¬ 
tunity is a direct bid for vagabondage.” — Henderson, C. R., Dependent, Defective, and 
Delinquent Classes, p. 89. 

* Other names are the Bureau of Charities, Associated Charities, and Society for Organiz¬ 
ing Charities. 

* Thus the aim of the charity organization society is simply to act as a clearing-house for 
its members; but in practice it gives much direct aid. 

* A few States have special institutions for the care of epileptics. 

i 


156 


GOVERNMENT AND POLITICS 


The insane 


Until the early part of the nineteenth century, the insane 
were treated in a most inhuman manner. Largely through 
the efforts of Dorothea Dix, public sentiment 
in the United States was finally aroused on this 
subject, and gradually the policy has been adopted of treat¬ 
ing insanity as a disease, and caring for patients in State 
rather than in local institutions.^ In every commonwealth 
the commitment of persons supposed to be insane is care¬ 
fully regulated by statutes providing for publicity of pro¬ 
ceedings, and for expert medical testimony on the question 
of insanity. 

The blind, deaf and dumb, epileptics, and feeble-minded 
have also been made State wards in many commonwealths, 
other defect- receiving education and support at public ex- 
ive classes pense. A single commonwealth sometimes main¬ 
tains a dozen different types of specialized charitable insti¬ 
tutions, in addition to those maintained by local govern¬ 
ments. 

202 . The Cost of Charities. The expenditure for char¬ 
ities and corrections is generally the largest single item of 
the State budget, often comprising from thirty to forty per 
cent of the entire expenditure of the commonwealth. If 
to this we add the amount expended by private charities, 
the total reaches a startling sum. Professor Bushnell es¬ 
timates that “the total number of public and private 
abnormal dependents in the United States must be not far 
from 3,000,000, or one twenty-fifth of the total population 
of the country; and these are maintained at an annual ex¬ 
pense of nearly $200,000,000, or one tenth of the total 
wage income of all the manufacturing establishments of 
the country.” ^ 


* The present tendency is to have the incurable insane cared for in county asylums (often 
connected with the almshouse), leaving the better care which the State can offer for the 
hopeful cases. This is the plan in Pennsylvania and Wisconsin. 

* Henderson, C. R., Modem Methods of Charity, pp. 385-390. 



BOSTON CITY HOSPITAL RELIEF STATION 



courtesy of the Tenement House Commission, New York) 


A TENEMENT HOUSE SECTION IN NEW YORK CITY 













































PUBLIC CHARITIES 


157 


GENERAL REFERENCES 

Addams, Jane, Philanthropy and Social Progress (1894). 

Alden, Percy, The Unemployed (1905). 

Bliss, W. D. P., and others, editors. Cyclopedia of Social Reform (1908); ar¬ 
ticles on Charity Organization Societies, Malthusianism, Pauperism, 
Poor-House, Poverty, Poor-Laws, Population, Single-Tax, Temper¬ 
ance, Unemployed. 

Davenport-Hill, Florence, Children of the State (1889). 

Devine, Edward T., The Practice of Charity (1904); 

- Principles of Relief (1904). 

Henderson, C. R., Modern Methods of Charity (1904). 

- Dependent, Defective, and Delinquent Classes (1906), pp. 1-209. 

Hobson, J. A., Problems of Poverty (1899). 

Hunter, Robert, Poverty (1904). 

Kellog, Charles D., History of Charity Organizations in the United States 
(1893). 

Loch, C. S., Methods of Social Advance (1904). 

Paine, R. T., Pauperism in Great Cities (1893). 

Proceedings, National Conference of Charities and Corrections (1874-1893). 
Riis, Jacob A., Children of the Poor (1892). 

United States Census, Special Report on Paupers in Almshouses (1906). 
United States Consular Reports, Vagrancy and Public Charities in Foreign 
Countries (1892). 

Warner, Amos G., American Charities (1894). 

Wright, Carroll D., Practical Sociology (1899), chs. xviii, xx. 


QUESTIONS AND EXERCISES 

1. What provision is made in your State for the defective classes, the deaf, 
blind, insane, feeble-minded? 

2. Is there a State board of charities in your commonwealth? Powers? 

3. Make a list of the institutions and associations in your community for 
the care of the poor. Which of these are public and which private? 

4. What local authority (town, municipal, or county) has charge of poor 
relief? What was the cost of poor relief in your community last year? 
What part of this sum was expended for outdoor relief? 

5. Where is your almshouse located? Is any attempt made to separate the 
different classes of inmates? Is it well managed? 

6. How are the vagrant poor or tramps dealt with in your community? 
If a street beggar should ask you for money, would you give him any? 
What are the arguments against promiscuous almsgiving? 

8. Is there a charity organization society or association in your commun¬ 
ity? If so, prepare a paper describing its methods of work. 

9. How are dependent children cared for in your community? Is the plan 
a satisfactory one? 

10. Does your community employ physicians to care for those too poor to 
afford them? Is there a free dispensary in your community? 

11. Enumerate some of the principal causes of poverty. Ask local officials 
what causes are chiefly responsible for pauperism in your community. 




CHAPTER XV 


CONTROL OF ECONOMIC INTERESTS 


203 . Economic Functions of Government. An economic 
service or fimction is one which relates to the material 
welfare of society, affecting in some way the production, 
exchange, distribution, or consumption of wealth. Thus the 
economic functions of government are directed chiefly 
toward increasing the total amount of wealth produced, 
facilitating its exchange, or providing for its more equitable 
distribution among the various members of society. 

To accomplish these aims. State governments perform 
certain fundamental services without which material pro- 
Econoxnio gress would be impossible, — such as the main- 
of state” tenance of order, and the protection of individual 
governments freedom, private property, and contract rights. 
These primary services fulfilled, other imperative needs 
arise: the land and other natural resources must be con¬ 
served; labor and capital must be protected and regulated 
in the public interest; agriculture and commerce are to be 
promoted. Hence the most important economic activities 
of State governments appertain chiefly to land, labor, and 
capital—the three great sources of wealth — and to com¬ 
merce, or the exchange of commodities. 

204 . Lands. Nearly all of the States at some period in 

their history owned large tracts of land, most of which 
Pni)Uc has been sold to settlers at a nominal figure, or sac- 

rificed to obtain immediate funds for educational 
purposes, or given as bounties to canal and railroad com¬ 
panies. A few commonwealths, notably New York, still 
own considerable forests; several have important State 
reservations — such as Valley Forge in Pennsylvania, and 


CONTROL OF ECONOMIC INTERESTS 


159 


Niagara Falls in New York; while others retain lands for 
use in the operation of commercial or irrigation canals. 
Further, all States own the land occupied by their public 
buildings and institutions. 

Over private lands within its borders each common¬ 
wealth exercises jurisdiction by virtue of its police power. 
Such lands are subject to taxation, and also to private 
the exercise of the right of eminent domain; that 
is, appropriation for public purposes upon compensation to 
the owner. The State also has the right of escheat, that 
is, the right to take private lands in the case of persons who 
die leaving no lawful heirs. 

205. Forests, Game, and Fish. Within recent years 
both the State and federal governments have realized the 
necessity of prompt action in order to prevent uj^austioii 
entire destruction of the country’s forests. At the ot timber 
present rate of cutting, the domestic timber sup- 
ply will soon be exhausted; and the destruction of the forests 
so affects the drainage of the earth as greatly to increase 
the danger of floods and freshets. 

An important step toward a policy of scientific forestry 
was taken by the federal government in 1905 when the na¬ 
tional forest reserves— in area nearly 100,000,000 scientifio 
acres—were transferred from the Interior De- 
partment to that of Agriculture. Recently, too, a number 
of the States, following the example of New York, have 
taken active measures looking toward the preservation of 
their forests. Nineteen commonwealths ^ now have officers 
(usually called forest commissioners) charged with the 
care of forest interests. Local and State forestry associa¬ 
tions have been formed in twenty commonwealths, and in 
nearly all an Arbor Day is set aside each year to encourage 
the planting and care of trees. 

For the preservation of fish and game, laws have been 

* These are California, Connecticut, Indiana, Kansas, Louisiana, Maine, Maryland, Mas* 
sachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, 
North Dakota, Oregon, Pennsylvania, West Virginia, and Wisconsin. 


160 


GOVERNMENT AND POLITICS 


enacted providing for close seasons, that is, seasons within 
Pish and which fish or game cannot be taken or killed, 
game laws g^^h laws also generally restrict the manner of 
hunting certain game and of catching fish. The admin¬ 
istration of fish and game laws is ordinarily entrusted to one 
or more commissioners, who are aided in their work by a 
number of wardens. 

206 . Agriculture and Agricultural Interests. For the 
general promotion of agricultural interests there is com- 

monly a department of agriculture in charge of a 
agricultural commissioner, or a State agricultural board. The 

duties of this department ordinarily include in¬ 
spection of live stock with a view of preventing contagious 
disease, administration of State laws relative to the sale of 
adulterated food and dairy products, holding of farmers* 
institutes and annual State fairs, recommendation of de¬ 
sirable legislation, and other miscellaneous duties. 

Education in scientific agriculture has been greatly 
aided by the establishment of agricultural and mechanical 
Agricultural colleges, which in many commonwealths form 
education integral part of the State university. Agricul¬ 
tural experiment stations have also been established, which, 
like the State agricultural colleges, are subsidized by the 
federal government. 

207 . Labor and Factory Laws. The adoption of regula¬ 

tions concerning the employment of labor and the condi- 
state labor tions in factories constitutes another important 
bureaus economic function of State governments. In thirty- 

two commonwealths general supervision of labor interests 
is entrusted to a State labor bureau, at the head of which 
is a commissioner aided by several deputies. One of the 
most important duties of these bureaus is the collection 
of statistics bearing upon industrial education and the 
economic condition of the laboring class. ^ 


* A similar service is performed on a more extensive scale by the federal Department of 
Commerce and Labor. 



(A’// coiirtesj/ of the Forest Service, Washington, D. C.) 

The complete destruction of a forest hy fire. Port Townsend. Wash. The trees 
planted to replace those burned grow to'the height of a man in about four years. 
Many years must elajise before a forest can be restored. 



llrush piles ready for burning, P>itter-Root National Forest,Mont. Scientific methods 

prevent forest fires. 





























(By courtesy of the Jieview of Revieics Company) 
IMINNESOTA ACiRICUETURAL EXPERHIEXT STATION 

Crop nursoiy near St. I’aul. Here new varieties of cereals are originated, and old 
ones improved. The small erect bundles of grain in the foreground are each of a 
distinct variety of viieat. These bundles have been carefully harvested and tied 
u]) with cloth to prevent loss of grain. An exact account is'taken of the number 
of heads, weight of yield, etc., and seed from the best jilants is saved for use the 
next year. 



THE DAIRY CAR OF THE “BETTER EARMIXO SRECIAL” 

Other cars are devoted to crops, forestry, etc. The train is equipped l»y the Boston 
and Albany Railroad with the co()i)eration of the Alassacluisetts Agricultural Col¬ 
lege. It is periodically .sent through the agricultural districts and lectures are de¬ 
livered to audiences of farmers. 















CONTROL OF ECONOMIC INTERESTS 


161 


Twenty-seven commonwealths provide factory inspect¬ 
ors, who visit and inspect factories, workshops, and mer¬ 
cantile establishments, and enforce the State objects of 
laws concerning themd Factory legislation has *actory 
three principal objects: (1) The protection of 
the health of employees, by securing proper ventilation, 
heating, lighting, and good sanitary conditions generally. 
(2) The prevention of accidents, by requiring guards on 
dangerous machinery, elevators, and hoistways; also by 
requiring the inspection of boilers, and the construction of 
suitable exits and fire-escapes. (3) The regulation of the 
conditions of employment, especially in the case of women 
and children, by restricting the hours of labor, prescribing 
intervals of rest during the working-day, prohibiting night 
work, and fixing a minimum age limit for the employment 
of children — usually fourteen years.^ 

Many commonwealths have provided that eight hours 
shall constitute a day’s work for all laborers employed by 
the State or local governments. In private indus- Length of 
try the hours of labor have been generally re- 
duced from twelve or fourteen hours in the early part of the 
nineteenth century to eight or ten at the present time; 
and one of the principal aims of labor unions is to secure 
universal acceptance of the eight-hour day. 

To aid in the settlement of industrial disputes, seventeen 
States^ have established boards of arbitration. These 
generally consist of three or five members ap- Boards of 
pointed by the governor, employers and employees 
being equally represented. When strikes or lock-outs oc¬ 
cur, it is the duty of these boards to investigate the situa¬ 
tion, and if possible to bring about an amicable settlement. 

* In fifteen States the duties of factory inspectors are combined with those of the bureau 
of labor statistics. 

* Social welfare imperatively demands the restriction of child labor, and in recent years 
much has been accomplished in this direction, largely owing to the activity of the General 
Federation of Women’s Clubs, and other organizations. In 1907, measures restricting the 
employment of children were passed in twenty-eight States. 

* California, Colorado, Connecticut, Idaho, Illinois, Indiana, Louisiana, Massachusetts, 
Michigan, Minnesota, Montana, Missouri, New Jersey, New York, Ohio, Utah, Wisconsin. 


162 


GOVERNMENT AND POLITICS 


They may also arbitrate the controversy, providing both 
parties consent. 

In many commonwealths free public employment offices 
are maintained by State or local authority to aid 
employment the unemployed in finding work, and also as a 
means of checking the abuses of private employ¬ 
ment bureaus. 

208 . Characteristics and Development of Corporations. 
Capital is the third great agency in the production of wealth; 
Character- and perhaps the most important economic func- 
tion of State governments is exercised through the 
power to create and regulate corporations, the capitalistic 
organizations which control the greater part of the com¬ 
merce and manufactures of the country. A corporation 
may be defined as a legal person, distinct from the members 
who comprise it, having a special name, and the capacity 
of acting for various purposes as a single individual. The 
corporation is immortal in the legal sense that it can be 
made capable of indefinite duration; it may sue and be sued 
in its corporate name; it may acquire property, and — 
under certain limitations — borrow money; and finally, 
it has the power to elect officers and to adopt by-laws for 
the detailed regulation of its business. 

The private corporation is of ancient origin, but its re¬ 
markable development in the nineteenth century may be 
Develop- traced to the industrial revolution of the eight- 
eenth. That revolution was characterized by the 
change from hand to machine labor, from production on a 
small scale to the factory system. The partnership was at 
first employed as a means of obtaining the larger capital 
demanded by the new industrial methods, and this con¬ 
tinued the common form of business association until the 
middle of the nineteenth century. But even the partner¬ 
ship was inadequate for the colossal industrial develop¬ 
ment of the age of steam and electricity; and hence about 
the middle of the nineteenth century, the corporation came 
into general use for larger industrial enterprises. 


CONTROL OF ECONOMIC INTERESTS 


163 


The stock of the corporation can be distributed among 
hundreds or thousands of members, thus accumulating 
amounts of capital impossible in the case of a 
partnership. Then, too, the shareholders of the 
corporation are not hable for corporation debts beyond the 
amount of their stock,^ whereas partners are jointly and sev¬ 
erally liable for firm debts to the full extent of their property. 
Furthermore, corporate liability cannot be created by the 
acts of individual members, but only by the directors or 
officers duly authorized; whereas each partner ordinarily 
has authority to bind the firm by his acts if within the scope 
of the partnership business. Finally, the partnership is 
ordinarily terminated by the death of one of its members, 
the contrary being true of the corporation. These and other 
advantages have given the corporation its dominating posi¬ 
tion in modem industrial life. 

209 . Organization and Control of Corporations. In 
general, the powers, duties, and liabilities of the corpora¬ 
tion are determined by its charter, an instrument General and 
ordinarily granted by the State government under 
a general act, although a few commonwealths still permit 
the granting of charters by special acts.^ In the case of a 
private corporation the charter once granted is in the nature 
of a contract, and cannot afterwards be materially altered 
or annulled unless this right has been previously reserved.* 
In the organization of private corporations a distinction 
is commonly made between those formed for profit and those 
not for profit. In most States, corporations for Method of 
profit are organized under a general law applicable 
alike to all such corporations; but frequently the general 
law does not apply to certain classes of corporations, such 

* Except in a few States where shareholders are liable for an additional sum equal to the 
face value of their stock. 

* Congress may charter corporations for carrying on enterprises which come within the 
range of federal authority; for example, national banks and railways engaged in interstate 
commerce. 

* The right of the legislature to amend all corporation charters is now generally reserved 
either by statute or express constitutional provision. 


164 


GOVERNMENT AND POLITICS 


Control 


Banking 

laws 


as banks, insurance companies, and railroads, which are 
chartered under laws specially adapted to each of these 
forms of industry. The general corporation laws ordinarily 
provide that persons who wish to form a corporation must 
apply to the secretary of state for a charter, which will be 
duly issued upon compliance with the legal requirements. 

Corporations are commonly required to make annual 
reports to the secretary of state, showing the amount of 
their capital stock, volume of business, and in¬ 
debtedness; and they must also submit to such 
other requirements and regulations as the legislature may 
from time to time deem necessary in the exercise of its 
police and taxing powers. 

210. Regulation of Banks, Insurance Companies, and 
Railroads. A considerable degree of State control is customary in 
the case of banks, insurance companies, and railroads, 
since these corporations come into the closest relations 
with the people and vitally affect the public welfare. 
Banks are commonly organized under a general banking law, which 
in many States must be first submitted to the voters for approval. 
Such laws regulate in considerable detail the management of banks, 
with the object of protecting depositors and the public. The mini¬ 
mum capital and reserve fund is generally prescribed, also the ways 
in which money may be loaned, and the manner in which directors 
shall be elected; and provision is sometimes made for periodical 
examination of the bank by government officials. ^ Supervision 
of this class of corporations is often entrusted to a State banking 
department. 

Insurance companies are also subject to a considerable degree 
of supervision, frequently exercised by a State insurance commis¬ 
sioner. As in the case of banks, provision is ordinarily 
companies ^aade for the examination of such companies, for an¬ 
nual reports showing in detail the business for the pre¬ 
ceding year, and for the maintenance of a reserve fund bearing 
a certain ratio to the amount of insurance in force. 

As quasi-public corporations, railroads are subject to a large 
Railway of governmental supervision. Their business 

regulation which lies wholly within the boundaries of the com¬ 
monwealth may be regulated by the State government, 

* The constitution of Oklahoma requires the State government to guarantee bank de¬ 
posits. 


CONTROL OF ECONOMIC INTERESTS 


165 


interstate traffic being subject to federal control. For their super¬ 
vision two thirds of the commonwealths have established boards 
of railway commissioners, charged with the special duty of pro¬ 
tecting the public and shippers. State railway legislation has 
sought especially to check combinations of parallel or competing 
lines (the object of such combination being to destroy competi¬ 
tion) ; and also to prevent discriminating rates in favor of certain 
shippers, unreasonable charges for services, and overcapitaliza¬ 
tion of roads with the consequent burden upon rates. The enforce¬ 
ment of these restrictive measures has been entrusted to State 
railway commissions, which in some commonwealths even possess 
the power to fix maximum rates for carrying passengers and 
freight. 

21 1 . Industrial Combinations. The simplest form of com¬ 
bination among producers consists of “ friendly agreements ” de¬ 
signed to check competition by establishing a uniform 
selling price, or by limiting the amount of the product. ^ 

In times past these agreements were often violated, and 
soon a second and more formal plan of organization was developed, 
known as the “pool.” This was a formal agreement to maintain 
prices through a division of the territory, business, or earnings. 
For example, prior to the formation of the Whiskey Trust, agree¬ 
ments were usually made annually among the different distillers, 
fixing the amount which each should produce during the year. For 
many years pooling was common in the railway business, the 
traffic or revenues being divided among the various roads accord¬ 
ing to certain fixed ratios. These agreements were not enforceable 
at law, since American courts have uniformly held pooling con¬ 
tracts to be in restraint of trade and against public policy; and 
the difficulty of enforcing such arrangements, together with the 
prohibition of railway pooling by the federal Interstate Commerce 
Act of 1887, ultimately led to the adoption of a new form of com¬ 
bination. 

This third form of combination is known as the trust. Originally 
trusts were formed by having competitive corporations place 
their stock in the hands of a board of trustees, who 
were thus enabled to manage the business of the several 
corporations in such a way as to secure complete harmony of action. 
The original stockholders in the corporation were given trust 
certificates in exchange for their stock, and dividends were paid 
on the basis of these certificates. The first trust organized in this 
form was the Standard Oil Trust (1882), later followed by the 
Whiskey Trust, the Sugar Trust, and many others. 


166 


GOVERNMENT AND POLITICS 


The courts finally held the trust form of combination illegal, 
declaring that corporations had no power to surrender control of 
their stock to a board of trustees.^ Further, most 
SflSS States as well as the federal government passed 

anti-trust laws. But the effect of judicial decisions, as 
well as of hostile legislation, was merely to cause a change in the 
form of combination. In some cases, as with the Whiskey and 
Sugar Trusts, a single immense corporation was formed which 
undertook to secure a monopoly by buying out numerous smaller 
concerns. In other cases, as with the Standard Oil Company, those 
who directed its policy obtained a majority of the stock in several 
large corporations, harmony of action being insured by having the 
same men in control of the affairs of each separate corporation. 

At the present time the common form of combination is that 
of one great corporation owning many separate plants. The rapid 
formation of such combinations within the last twenty 
monopolies y 63 .rs constitutes the most striking fact in the economic 
world. Since their formation is largely due to the influ¬ 
ence of modern capitalistic production, these combinations are 
usually called capitalistic monopolies. 

The chief advantages claimed for the great industrial combina¬ 
tions are that they avoid the wastes of excessive competition, and 
secure the economies of large-scale production. The 
and ©Vila** principal objections urged against them are that they 
crush out competition, often by unfair methods, and 
secure a monopoly control which enables them to charge monopoly 
prices. Another objection is that their capital is often excessive, 
thus necessitating high prices to the consumer in order that divi¬ 
dends may be paid upon watered stock. Widely divergent views 
are held as to the course which government should take concern¬ 
ing capitalistic monopolies. Many persons favor radical action 
which will entirely destroy them; while others believe that trusts 
should be so regulated by law that their good features may be re¬ 
tained, and their evil practices abolished. It is generally conceded 
that effective action in this direction is only possible through the 
agency of the federal government, which has power to regulate 
all corporations engaged in foreign or interstate commerce. 


212. Transportation — Roads and Bridges. Since in 

Road-build- Diodern times commerce is essentially a matter of 

lug and transportation, the construction and maintenance 
maintenance 

of roads and bridges is one of the most import- 

» State of New York v. The North River Sugar EeHning Co., 121 N. Y. fi82. , 


CONTROL OF ECONOMIC INTERESTS 


167 


ant functions exercised under State authority. ‘ Super¬ 
vision of road construction is commonly entrusted to lo¬ 
cally elected coimty or township commissioners. The 
township commissioners ordinarily have authority to di¬ 
vide the township into several road districts, in each of 
which an overseer is chosen who acts imder the authority 
of the township officers. It is the duty of the commissioners 
to keep in repair the existing roads and bridges, and to con¬ 
struct new ones upon the petition of a certain number of 
freeholders. Under the power of eminent domain, private 
property may be appropriated for such construction upon 
making proper compensation to the owner. A part of the 
cost of construction is commonly assessed upon the abut¬ 
ting land-owners, the remainder being paid out of the local 
treasury. The cost of maintenance is commonly borne in 
the same way; and many States still permit the road-tax to 
be paid by a certain number of days* labor on the road — 
a policy scarcely conducive to expert construction. 

The inferior results of local road-making have led a 
number of commonwealths to cooperate in this work by 
creating the office of State commissioner, charged state 
with general supervision of road construction 
throughout the commonwealth. It is the duty of the com¬ 
missioner to pass upon applications from local commis¬ 
sioners for new roads, also to furnish plans and award con¬ 
tracts, the cost being apportioned between the State and 
the local district. 

Outside of the cities the construction of bridges is gen¬ 
erally left to the county commissioners, subject to the 
requirement of the federal government that no 
bridge shall be built across a navigable river un¬ 
less its construction is first approved by the Secretary of 
War. 

* The only important road ever constructed by the federal government was the National 
or Cumberland Road, commenced in 1807, at Cumberland, Maryland, and finally ex¬ 
tended westward to Vandalia, Illinois, a distance of about eight hundred miles. This road 
was well constructed and played a most important part in the settlement of the West. It has 
long since been turned over to the States through which it passes. 


168 


GOVERNMENT AND POLITICS 


213. Canals and River Navigation. Nearly all the canals 
in the country have been constructed by the State govern- 
Canai ments, or by companies chartered by them. The 
construction period of canal construction dates from 1825 
(when the Erie Canal was completed) to about 1840, at 
which time attention was diverted to railroad building. 
The construction of canals contributed greatly to the early 
development of the commonwealths in which they were 
located, and for some time their competition served as a 
check upon railroad rates; but with few exceptions they 
have now been abandoned, the railway having proven too 
formidable a competitor.^ 

General supervision of canals is ordinarily exercised 
by the State board of public works, or canal board. The 
Supervision officer in direct charge of the system 

is the superintendent of public works or the 
State engineer. This officer with his assistants looks after 
necessary repairs, enforces the rules of navigation, and 
investigates improvement projects. 

River navigation is also generally subject to State super- 
River vision under police regulations designed to safe- 
navigation guard the public. Enforcement of these regula¬ 
tions is sometimes entrusted to the State superintendent 
of public works. 

214. Weights and Measures. Commerce is greatly 
aided by the use of accurate and uniform standards of 
state value and of weights and measures. The estab- 
controi lishment and regulation of the standard of value 
is an exclusive function of the federal government. While 
Congress may likewise exercise exclusive authority over 
the subject of weights and measures, it has not as yet 

* Since 1850 the only new canals of importance are the Illinois and Mississippi, and the 
Chicago Sanitary and Ship Canal; but large sums have been spent in improving the Erie 
Canal. In all there are forty-two hundred miles of canals in the United States, located in 
New York, Pennsylvania, Ohio, Virginia, New Jersey, Delaware, Maryland, Indiana, Illi¬ 
nois, and Michigan; but many of these have fallen into disuse. Besides those mentioned, the 
other principal canals are the Illinois and Michigan, the Chesapeake and Ohio, the Wabash 
and Erie, and the Sault Sainte Marie. 



THE SAULT STE. MARIE SHIP CANAL 



<^By courtesy of the Commissioner of Bridges, Neiv York City) 


THE QUEENSBOROUGH BRIDGE, NEW YORK 













THE SAULT STE. MARIE SHIP CANAL 


This canal connects the waters of Lake Superior with those of St. 
Mary’s River and Lake Huron, around the falls in the river. It is 
about three miles in length, and has two locks, the larger of which is 800 
feet long and 100 feet wide. The depth of water throughout the canal 
is sufficient to allow the passage of vessels drawing 21 feet (or of 
about 12,000 tons displacement). The railway bridge, a portion of 
which is shown in the distance, is one mile long and connects the 
Northern Pacific and the Canadian Pacific Railroads, by the Sault, or 
“ Soo” branch line. 

THE QUEENSBOROUGH BRIDGE, NEW YORK 

Connecting Manhattan Borough and Queen’s Borough, Long Island. 
The Bridge was opened to the public March 30, 1909. The cost of 
construction was $12,600,000 ; property acquired for approaches, etc., 
cost $4,400,000. The bridge is of the cantilever type, and consists of 
two spans over the branches of the East River of 1182 and 984 feet, 
one over Blackwell’s Island of 630 feet and two anchor arms, 469 
and 459 feet respectively. Only four bridges in existence — the 
cantilever bridge over the Firth of Forth, Scotland, and three sus¬ 
pension bridges (the Brooklyn, the Williamsburg, and the Manhattan, 
all in New York) — are of greater span than the longest span of 
this bridge. The length of the Manhattan approach is 1052 feet, and 
of the Queens, 2673, so that the total length of the bridge and its 
approaches is 7449 feet. The outside width is 89^ feet. The bridge 
has on the upper floor two foot walks and provision for two elevated 
railway tracks. On the lower floor between the trusses there is a road¬ 
way 53 feet wide, upon which are two surface railway tracks, one 
track on each side of the roadway; and outside of the trusses are two 
other surface railway tracks. The elevated and surface railways have 
a combined capacity of 120,000 passengers per hour in one direction. 
The clear height of the bridge above mean high water over the chan¬ 
nels in the river is 135 feet. The elevation of the top of the flag poles 
on the towers on Blackwell’s Island (in the foreground in the photo¬ 
graph) is 406 feet. 


CONTROL OF ECONOMIC INTERESTS 


169 


done so, and hence the establishment of these standards 
is a State function. In 1836 Congress instructed the Secre¬ 
tary of the Treasury to deliver to the governors of the 
respective States complete sets of the standards of weights 
and measures used in the federal custom-house, thus mak¬ 
ing possible a uniform system. The State standards are 
generally in the custody of a State sealer or superintendent 
of weights and measures. From this officer copies may be 
obtained for the use of county sealers, who in turn furnish 
copies for the use of local officials. 

215 . Trade-marks. In order to encourage the produc¬ 
tion of a high quality of goods and to protect manufac¬ 
turers against dishonest competition, the State 
governments grant proprietary rights in the use 
of private brands, labels, and trade-marks. When such 
brands or marks are regularly advertised by one manu¬ 
facturer, they cannot be legally used by another, and thus 
both the manufacturer and the consumer are protected. 


GENERAL REFERENCES 

Alexander, William, The Life Insurance Company (1905). 

Beard, C. A., American Government and Politics (1910X pp. 721-742. 

- Readings in American Government and Politics (1910), ch. xxxii. 

Blackmar, F. W., Economics for High Schools (1907), chs. xiii-xv, xxix, 

XXXI. 

Bullock, C. J., Introduction to the Study of Economics (1900), chs. xi, xiv, 

XVI. 

Collier, W. M., The Trusts (1900). 

Ely, R. T., Monopolies and Trusts (1900). 

Farrer, T. H., The State in its Relation to Trade (1902). 

Fiske, A. K., The Modern Bank (1909). 

Hadley, A. T., Railroad Transportation (1903), ch. vi. 

Hart, A. B., Actual Government (1903), chs. xviii, xxvi-xxvii. 

Hobson, J. A., The Evolution of Modern Capitalism (1894). 

Holmes, G. K., “ State Control of Corporations ” (1890), Political Science 
Quarterly, v, pp. 411-437. 

Interstate Commerce Commission, Railways in the United States in 1902, 
part IV (State Regulation of Railways). 

Jenks, J. W., The Trust Problem (1909). 

Jevons, Wm. S., The State in Relation to Labor (1894). 

Johnson, Emory R., American Railway Transportation (1909), chs. vi, 
XV-XVIII, XXV, xxvii. 

- Ocean and Inland Water Transportation (1909), chs. xxiv-xxix. 




170 


GOVERNMENT AND POLITICS 


McVey, Frank L., Modern Industrialism (1908). 

Meyer, B. H., Railway Legislation in the United States (1903). 
Nearing, Scott, and Watson, F. D., Economics (1908), pp. 60-309. 
Ripley, W. Z., Trusts, Pools, and Combinations (1905). 

Wright, C. D., Practical Sociology (1899), part v. 


QUESTIONS AND EXERCISES 

1 . Plrepare a report on the policy of your State in disposing of its public 
lands. 

2 . What public lands are now owned by your State? Have any steps been 
taken toward forest preservation? 

3 . Explain the object of fish and game laws. Who enforces these meas¬ 
ures in your commonwealth? 

4 . Is your State department of agriculture in charge of a commissioner or 
board? Examine the last report of this department, and write a short 
paper upon its work. 

6 . Who is at the head of your State labor bureau? Examine the report of 
tMs department and explain the functions performed. 

6 . Prepare a report upon the factory le^slation in force in your State, pay¬ 
ing especial attention to the restrictions upon the labor of women and 
children. 

7. Is there a State board of arbitration in your commonwealth? How 
is it composed? Has it been successful in settling industrial dis¬ 
putes? 

8 . What strikes occurred in your State last year? What percentage of 
these were successful? (See report of Bureau of Labor.) 

9. Prepare a report upon the use of the injunction in connection with labor 
disputes. 

10 . What is the average daily wage of workmen in your State? Is this aver¬ 
age increasing or decreasing? 

11. What are the common hours of labor in the various industries in your 
State ? What are the chief arguments in favor of an eight-hour day as 
compared with one of ten or twelve hours? 

12 . Is there a free public employment office in your community? What 
work does it perform? 

13. How are private corporations chartered in your commonwealth? May 
the legislature modify the charter? 

14. Prepare a report on the Dartmouth College case (4 Wheat. 518; 
Thayer’s Cases, ii, 1564). 

15. What annual reports are required from corporations in your State? Is 
there an annual tax upon capital stock or earnings? 

16. (a) Prepare a report outlining the principal measures adopted by your 
State government for the regulation of banks, (b) A similar report con¬ 
cerning insurance companies, (c) A similar report concerning railway 
regulation in your State. 

17. What is a trust? Outline the law of your State concerning trusts. 

18. Prepare a report showing (a) the wastes of excessive competition, and 
(b) the advantages of large-scale production. (Jenks, J. W., The Trust 
Problem.) 

19. Explain how the division of powers between the federal and State 
governments has made State control of railways and trusts largely 
ineffectual. 


CONTROL OF ECONOMIC INTERESTS 


171 


20. Name several partnerships in your community; several corporations. 
Name five of the largest industrial combinations (commonly called 
trusts) in the United States. 

21. Who has charge of road-making in your commonwealth? Does the 
State supervise road construction or bear part of the cost? 

22. Are there any canals in your State? What officers have charge of them? 
When were they constructed? What was the cost of maintenance last 
year? 

23. What regulations have been adopted by your State government con¬ 
cerning river navigation? Who enforces these regulations? 

24. Give the provisions of your State law concerning (a) weights and meas¬ 
ures; (b) trade-marks. 


CHAPTER XVI 


PUBLIC EDUCATION 


216 . Early and Modem Education. Between early and 
modern systems of education two striking differences 
appear. From the first century a.d. down to the very be¬ 
ginning of the nineteenth century, education was almost 
universally controlled by the church, and was confined to 
the wealthier classes; while to-day education is generally 
recognized as a function of the State, and its benefits are 
freely offered to all children, the expense being borne by 
the community. Nowhere has this modern conception of 
free public education been more fully realized than in the 
United States. 

217 . State Control of Education. During our colonial 

history, schools and colleges were fostered by the individual 
Educational Colonies, and hence upon the adoption of the fed- 
systems constitution, control of public instruction was 

one of the functions retained by the State governments. 
It will be seen later that the federal government has aided 
the cause of education in a substantial manner; but the 
actual control and maintenance of the public schools is 
a State, not a federal, function. State educational systems 
vary widely in character, but generally include: ( 1 ) a sys¬ 
tem of elementary or common schools; ( 2 ) a system of 
secondary or high schools; and (3), in three fourths of the 
commonwealths, a State university. 

218 . Elementary or Common Schools. Elementary or 
common schools are found in every section of the United 

States, however sparsely inhabited. Elementary 
education ordinarily includes the first eight 
grades of the course of study, occupying the child from 


Grades 


PUBLIC EDUCATION 


173 


the sixth to the fourteenth year. This period is frequently 
subdivided into the primary department, comprising the 
first four grades; the intermediate department, including 
the fifth and sixth grades; and the grammar department, or 
seventh and eighth grades. Where elementary schools are 
fully graded, there is generally a separate room for each 
of the eight grades, promotions from one room to another 
being an annual or semi-annual event. 

The course of study in the elementary schools ordinarily 
includes reading, writing, arithmetic, spelling, language, 
grammar, geography, and history; and in progres- course 
sive school systems, instruction is also provided in 
natural science, drawing, vocal music, physical culture, 
and manual training. 

Public interest in educational affairs has usually centered 
upon the elementary schools, owing to the fact that nearly 
ninety per cent of the entire number of pupils Advantages 
are enrolled in the grammar grades. As train- 
ing schools for the duties of citizenship our com- training 
mon schools are probably unequaled by those of any other 
country. Two of the great advantages justly claimed for 
the American public-school system are: first, the develop¬ 
ment of individual character by massing children from all 
walks of life in common association, thereby compelling 
each child to take the rough-and-tumble of life in competi¬ 
tion with every other; and second, the Americanizing in¬ 
fluence upon foreigners whose children in the public schools 
learn our language and the principles of American institu¬ 
tions, thus making less difficult the problem of assimila¬ 
tion. 

At the present time there are enrolled in the common 
schools of the United States over 17,000,000 pupils, or about 
twenty per cent of the total population. Within Educational 
the last thirty years the number of schoolhouses 
as well as the revenues for school purposes have more than 
doubled; the number of days attended by pupils has in- 


174 


GOVERNMENT AND POLITICS 


creased one fourth; while the percentage of illiterates has 
decreased from seventeen per cent in 1880 to about ten p^r 
cent at the present time. 

219 . High School or Secondary Education. Secondary 
education (comprising the ninth, tenth, eleventh, and 
« - twelfth years of the course of instruction) is car- 

Origin flnfl 

increase ot ried on chiefly in public high schools, which in 
higii schools present form are a product of the nineteenth 
century.^ Previous to 1850, only eighteen public high 
schools had been established in the United States, the 
earliest being the English Classical School at Boston (1821). 
Since 1850, public high schools have multiplied rapidly, 
until in 1909 the total number of such institutions was 
9317, with 841,273 students. Several States, including 
Massachusetts, Maryland, Wisconsin, Minnesota, and 
California, require each township to maintain a free pub¬ 
lic high school. Elsewhere the establishment of such in¬ 
stitutions is optional with the localities, although the con¬ 
stitutions of at least half the commonwealths mention 
high schools as special subjects of legislative and general 
interest. ^ 

The high-school course ordinarily comprises four years, 
following eight years of work in the elementary school. 
Oharaoter- Under ordinary conditions pupils reach high 
isucs school at the age of fourteen, completing the 
course at about eighteen. Most public high schools re¬ 
ceive and educate both sexes in the same classrooms and 
under the same teachers, although a few of the larger cities 
provide separate high schools for each sex. 

The modern high school is sometimes called the “people’s 
SuWects of range of studies and thoroughness of 

lastnicSon work, good high schools of to-day doubtless surpass 
even the best colleges of fifty years ago. The best high 
schools now serve the double function of fitting students for the 

* In the earlier colonial period, secondary instruction was given in what were called 
grammar schools, later sui>erseded by the academies. As secondary schools the academies 
have in turn been largely supplanted by the public high schools. 



BOSTON BUBLIC LIBRARY 

There are 28 Branch Libraries and Reading Rooms. The Library Rives free lecture 
courses with special rcRard to the aesthetic development of cities, and cooperates 
with the colleRCS in their University Extension Courses, and with the schools, loan¬ 
ing pictures, as well as hooks, to teachers for use in their work. 



THE SOLDAN HIGH SCHOOL, ST. LOUIS, MISSOURI 





























Observatory 

ollege of Agriculture University Hall 

hemistry Bldg. South Hall North Hall Engineering Bldg. Science Hall Chemical Eng. Bldg. Y.M.C.A. 



OO 


Chadhonrne Hall Law Building: Administration State Historical Society Copyrighted IdffJ, Reproduced bn permission of 

(Women’s Dormitory) Chapel or Music Hall Building and University Library W. T. Littig # Co., A'.'r. 

BIRD’S-EYE yiE\Y OF THE UNIVERSITY OF WISCONSIN 




















PUBLIC EDUCATION 


175 


everyday duties of life, and of preparing their graduates to 
meet university entrance requirements. To accomplish this, 
most schools offer several courses of study from which the student 
may choose the one which he wishes to follow, such as the classical 
course, the modern language course, the scientific, commercial, 
or manual-training course. Among the typical subjects taught in 
secondary schools may be mentioned English and English liter¬ 
ature, Latin, German, French, algebra, geometry, history, civics, 
botany, physiology, physiography, chemistry, and physics. Within 
recent years the high-school curriculum has been greatly broad¬ 
ened through the introduction of manual training and commercial 
subjects, largely owing to the demand that the secondary schools 
afford a practical training for life. Many municipalities have ex¬ 
pended large sums for separate manual training and commercial 
high schools, while in other cities these subjects are included 
among the many departments of a “ cosmopolitan ” high school, 

220 . Colleges and Universities. The five hundred col¬ 
leges and universities of the United States may be grouped 

into three classes. (1) Non-sectarian institutions 

. Classes 

chartered by the State governments as private 
corporations, such as Harvard, Cornell, and Leland Stan¬ 
ford. (2) Denominational institutions likewise chartered as 
private corporations, but which are under ecclesiastical 
control or supervision, as Georgetown and Wesleyan uni¬ 
versities. (3) Universities and colleges established by the 
State governments as public institutions and directly sub¬ 
ject to State control, as the State universities of Michigan, 
Wisconsin, and California. The foremost colleges and 
universities of the country are included in the first or third 
classes, being non-sectarian in character; but in numbers 
the institutions under church control are in the majority. 

221 . The State University. In the earlier period of our 
history, nearly all the institutions of higher education were 
chartered as private corporations, although often 
receiving aid from the State in the form of land 

or money, or exemption from taxation. With the growth 
of the democratic spirit of the nineteenth century, con¬ 
siderable opposition was manifested toward granting pub- 


176 


GOVERNMENT AND POLITICS 


lie aid to institutions which were subject not to public 
control, but to that of some denomination or sect; and the 
belief that the State should control higher as well as ele¬ 
mentary education led to the establishment of the State 
universities. In this movement the Southern States took 
the lead, their example being soon afterwards followed by 
Indiana (1820), and Michigan (1837). East of the Alle- 
ghanies the private institutions had become so firmly 
established as to leave no place for State universities; ^ but 
“the establishment of State universities in the West and 
South came as a matter of course, and has kept pace with 
the stars on the flag.” ^ 

The twenty-seven States formed out of the public lands re¬ 
ceived from the federal government a donation generally consist- 
Pedoralaid complete townships^ (seventy-two square 

miles of land) for the support of higher education.^ 
Again in 1862 the State universities received substantial federal 
aid through the enactment by Congress of the Morrill Act grant¬ 
ing to each State in the Union, and to each State afterwards 
admitted, 30,000 acres of land for each Representative and 
Senator in Congress. The income of the funds arising from the 
sale of this land was to form a permanent endowment for the 
support of higher institutions of learning in which technical and 
agricultural branches should be taught.® Among the State uni¬ 
versities owing their origin to the Morrill Act are those of Cali¬ 
fornia, Illinois, Maine, Minnesota, Nebraska, Nevada, West 
Virginia, and Wyoming. By acts passed in 1887 and in 1890, 
the federal government gave further aid to agricultural and me¬ 
chanical education by granting an annual appropriation of $25,000 ® 
to each State maintaining an institution of this character. 

In all, thirty-six commonwealths now maintain State universi¬ 
ties, and these enroll about one third of the entire number of uni¬ 
versity students. Six of the ten largest universities of the coun- 

* Maine and Virginia have State universities. 

* Dexter, E. G., History of Education in the United States, p. 282. 

* Ohio received three townships, Florida and Wisconsin four each, Minnesota three 
and one half, and the other public-land States two each. 

* In many of the older commonwealths a large part of this splendid endowment was 
wasted through mismanagement and political jobbery, 

® The amount raised from the sale of these lands ranged in the different States from 
$50,000 to $750,000. 

* Commencing in 1908 this appropriation is to be increased at the rate of $5000 per 
annum until it reaches $50,000. 


PUBLIC EDUCATION 


177 


try are State institutions. All are co-educational, and in all tui¬ 
tion is practically free ^ to residents of the State. The 
income is derived in part from the proceeds of the 
federal land grants, but chiefly from the “ mill tax,” 
or general appropriation authorized by the State legislature. The 
State university is commonly organized into a number of colleges, 
as the college of arts, agriculture, engineering, law, medicine, veter¬ 
inary medicine, and pharmacy. The control is vested in a board 
of trustees or regents, ^ who elect a president as the executive 
head of the institution, and upon his recommendation choose the 
professors and instructors. 

State universities are commonly in organic relation with the 
high schools of the commonwealth, and by the accrediting system 
graduates of approved high schools pass directly into 
the universities without taking entrance examinations, higj^iotoola 
Thus the State universities crown the educational 
system provided by the State; and the fact that they are sup¬ 
ported by the resources of the State, together with the broad 
policy which has characterized their administration, apparently 
assures them a position of increasing influence among institutions 
of higher learning. 

222. Administration of Public Schools. The organiza¬ 
tion of the common-school system varies widely among the 
different States, and often there is great diversity even in 
different parts of the same State. This is owing to the fact 
that in its origin school administration was exceedingly 
local in character, and only gradually is it becoming 
unified through the exercise of State authority. The or¬ 
ganization and control of the public schools is generally 
a function either of the school district, the township, the 
city, or the county. Accordingly there are four distinct types 
of school administration: the district, township, city, and 
county systems. Administration of the schools by each of 
these local areas is at all times subject to modification and 
control by the paramount authority of the State govern¬ 
ment. 

223. The District System. The district system had its 

» Except in the professional departments, such as the law, medical, and engineering 
colleges. 

J Commonly appointed by the governor, although sometimes elected by popular vote. 


178 


GOVERNMENT AND POLITICS 


origin in colonial New England, where each little settle- 
« . , , ment formed a natural nucleus for school adminis- 

character- tration. As the population moved westward, the 
same district system was created, and in some 
form still prevails in the great majority of the States. The 
district is the smallest unit of school administration, and is 
the most democratic feature of our political organization. 
In the South it is usually a subdivision of the county; else¬ 
where of the town or township. Generally the voters within 
the district elect the school trustees and levy the school tax, 
although in some States these functions are performed by 
the county. The great merit of the district system in the 
early period of our history was that it brought the pubhc 
schools easily within the reach of all; but under present 
conditions this system is often wasteful and inefficient, 
owing to the small size of the administrative unit. The 
present tendency is to replace the district by a larger unit 
of organization, such as the township.^ 

224 The Township System. Under the township system 
all schools within the boundaries of the township are placed 
Oharacteris- under the control of a single board chosen by the 
tic features voters. By this plan there are fewer schools, but 
these are better graded and equipped; and with the expend¬ 
iture of less money better salaries can be paid, and better 
teachers secured. In six commonwealths the plan of town¬ 
ship organization has been made compulsory, while in at 
least twenty others ^ there is permissive legislation providing 
for this or some similar form of centralization. 

The township system tends to create two distinct classes 
Types of of schools: first, centralized rural schools con- 
schools veniently located throughout the township, gen¬ 
erally graded to a certain extent, and having two or more 


* In Maine, New Hampshire, Vermont, Massachusetts, New Jersey, and Indiana, the 
district plan has been entirely superseded by the township system. 

* Connecticut, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Michigan, Minne¬ 
sota, Missouri, Nebraska, Ohio, New York, North Carolina, the Dakotas, Fennsylvaoia, 
Ehode Island. Tennessee, and Wisconsin. 




Pupils of the primary and grammar grades as they go to school in (lustavus Town¬ 
ship, Trumbull Comity, Ohio. A stage is required to stop at each child’s home; 
and if the pupil is not ready to go to school he is marked “ tardy.” 



Typical schoolhouse in irrigated district near Billings, Mont. Schools are among 
the first buildings erected on newly opened lands. Tliey are so distributed that no 
child is out of reach. The sheds at the left are for the pupils’ ponies. 





















{By courtesy of the Superintendent of Public Schools, yew York City) 
PUBLIC SCHOOL 1G5, NEW YORK CITY 



{By courtesy of the Superintendent of Schools, Philadelphia) 
THE OROVER CLEVELAND SCHOOL, PHILADELPHIA 

TYPES OF MODERN CITY^ SCHOOLS 





























PUBLIC EDUCATION 


179 


teachers; and second, township or union high schools, which 
constitute practically the only means of furnishing second¬ 
ary education to the children in rural communities. 

This centralization of rural schools gives rise to the 
problem of free transportation of pupils. With but Transporta- 
three or four schools for the entire township, con- tion of 
siderable distances must be traveled by many of 
the pupils; and this has led many commonwealths to pro¬ 
vide free transportation of pupils. 

225 . City School Systems. Cities commonly have a 
system of schools separate from that of the township and 
county in which they are situated. In other words, organization 
the city itself ordinarily constitutes a special 

school district under general provisions of the school law 
relating to municipalities, or under special charters granted 
by the legislature. Great diversity prevails in the organiza¬ 
tion of schools in the various cities: but universally the ad¬ 
ministration is entrusted to a board of education (generally 
chosen by the voters), and a superintendent of schools who 
is the executive officer of the board. In organization, 
equipment, and supervision, city schools constitute the 
most highly developed type of our educational system.^ 

226 . The Coimty System. Throughout the South, the 
county serves as the basis of school administration. In 
some States, as in Georgia and Maryland, the jiiniinistra- 
county itself constitutes a single school district; tion in the 
in other commonwealths it is generally subdivided 

for school administration, the smaller divisions being sub¬ 
ject to county authority. Accordingly, county officials 
build schoolhouses, appoint teachers, and levy school taxes 
— functions which throughout the greater part of the Union 
are vested in district or township school boards.^ 

For the supervision of rural schools, most States outside 


* See Section 79 . 

* Ten States, all Southern, except Utah, have the county system. These are Alabama, 
Florida, Georgia, Louisiana, Mississippi, Maryland, North Carolina, Tennessee, South 
Carolina, and Utah. 


180 


GOVERNMENT AND POLITICS 


of New England have created the office of county super- 
county intendent or school commissioner. County super- 
snpervision jntendents are generally elected by popular vote, 
although in some commonwealths the office is an appoint¬ 
ive one. 

227 . State Administration of Schools. State control of 
education is exercised in two ways: ( 1 ) through legislation. 
Means of by general school laws for the entire State, or by 
control special laws applying to certain localities; and 

( 2 ) through State administrative officers, who exercise 
certain supervisory powers over the public schools. 

Each commonwealth has an officer, generally known as 
the State superintendent of public instruction,^ who nom- 
Stete super- inally is the head of the public-school system of 
Intendent State. In a few commonwealths, as in New 

York and Pennsylvania, this officer has important powers, 
so that he may be regarded as the actual head of the State 
school system. But in most commonwealths his powers are 
limited to investigation and admonition, while in several 
he is little more than a clerk charged with the collection 
and publication of educational statistics. The State super¬ 
intendent is elected by popular vote in thirty-three com¬ 
monwealths, and this fact has tended to make the office 
political in character, rather than professional. In thirteen 
other commonwealths the State superintendent is ap¬ 
pointed either by the governor, the general assembly, or 
by the State board of education.^ The common term is 
either two or fom* years. 

About three fourths of the commonwealths have State 
boards of education, with powers which vary as widely 
state boards as those of the several State superintendents, 
of education '^^ew York, Massachusetts, and Connecticut, 
the State board has large powers; elsewhere its duties often 

* Also called the superintendent or commissioner of common or public schools. 

>tBy the governor in Maine, Minnesota, New Hampshire, New Jersey, Oklahoma, 
Pennsylvania, Tennessee; by the general assembly in New York, Rhode Island, Vermont, 
and Virginia; and by the board of education in Connecticut and Massachusetts. 


PUBLIC EDUCATION 181 

are confined to the examination and certification of teach¬ 
ers. 

228. Text-Books. The adoption of suitable text-books is one 
of the most important matters connected with school adminis¬ 
tration. In fifteen States ^ uniform text-books are 

used throughout the commonwealth, these being chosen 
either by the State boards of education, or by special text-book 
commissions. In eight others,^ county uniformity prevails; while 
in the remainder, the local boards ordinarily select the books to 
be used in each school district. 

In practically all the States, text-books are provided free to 
indigent children. In eleven States ® they must be fur- Free text- 
nished free to all pupils, while in fourteen others ^ they 
may be so furnished at the option of the local board of education, 
or upon authorization by a local popular vote. 

229. Employment and Certification of Teachers. The 
employment of teachers is a function of the local school boards, al¬ 
though the superintendent often has the power to appoint teachers 
subject to the board’s confirmation. A license or certificate is 
universally required before one is eligible to teach in the public 
schools. In New England certificates are granted by the school 
committees of the town; elsewhere they are granted by county or 
city examining boards, or by the county superintendent. The 
qualifications required of teachers are being made continually 
higher, the tendency being to demand at least a normal-school 
training for elementary teachers, and a thorough college course, 
including professional training, for those employed in secondary 
schools. 

230. Compulsory Education. About three fourths of the 
States have compulsory education laws which ordinarily 
require children from eight to fourteen years of object 
age to attend school a certain number of weeks 

each year.® The penalty imposed on parents for neglect of 

* California, Delaware (except Wilmington), Idaho, Indiana (elementary and grammar 
grades), Kansas, Louisiana, Missouri, Montana, Nevada, Oregon, South Carolina, Utah, 
Virginia, Texas, Tennessee. 

* Florida, Georgia, Kentucky, Maryland, Mississippi, North Carolina, South Dakota, 
West Vir^nia. 

* Maine, Delaware, Maryland, Massachusetts, Nebraska, New Hampshire, New Jersey, 
Pennsylvania, Rhode Island, Vermont, and Wyoming. 

* Colorado, Connecticut, Idaho, Iowa, Kansas, Michigan, Minnesota, Montana, New 
York (in union districts). North Dakota, Ohio, South Dakota, Washington, and Wisconsin. 

* Nearly all the States also prohibit children under a certain age — commonly fourteen 
years — from engaging in certain dangerous_employments —■ in mines, workshops, and fac* 


182 


GOVERNMENT AND POLITICS 


these statutes is a fine ranging from five to fifty dollars. 
The object of compulsory education laws is to protect the 
State from ignorance and illiteracy by assuring each child 
at least the elements of an education. That such laws 
are fairly effective is shown by the fact that seventy per 
cent of the total school population (five to eighteen years) 
is enrolled in the public schools. In cities the enforcement 
of compulsory educational laws is commonly entrusted to 
truant officers employed by boards of education. 

231 . School Revenues. The total annual expenditure on 
common schools in the United States is nearly $400,000,000. 

This revenue is derived from four sources: first, 
local taxation, which yields 68 per cent of the 
total; second. State taxation, which furnishes 15 per cent; 
third, miscellaneous sources, about 11 per cent; and fourth, 
the income from permanent funds and endowments, which 
yields about 6 per cent. 


Sources 


/he. Cffjti 



a Local Tkxaiiorv. 
h State 7aJcaiion._ 
c Jtiscellaneous.\ 

<L Permanent PliTtels. 


SOURCES OF SCHOOL REVENUES 


Local taxation is thus the principal source of school revenue 
throughout the Union. The amount of this local tax is generally 
voted by the legislative authority of the county or 
SSlon township, or by the district board of education. Fre¬ 
quently State laws fix the minimum and maximum 
amounts to be raised, leaving to local authorities discretion within 
these limits. 

The amount raised by State taxation varies greatly in the dif¬ 
ferent commonwealths. Some levy no State tax whatever for this 
purpose, while in others State taxes are relied on to raise three 

tones. Enforcement of these child-labor laws is generally entrusted to the State inspector 
of mines and factories. 



PUBLIC EDUCATION 


183 


Land grants 


fourths of the school revenues. The amount raised by State tax¬ 
ation is largest in the South and the Far West, while 
elsewhere local taxes are chiefly relied on. State tax- 
ation is especially advantageous to the poorer sections 
of the commonwealth, where lack of such revenue would result in 
schools of low grade. 

Miscellaneous sources consist of revenues from fines, licenses, 
penalties, and special taxes, which in some States are devoted to 
the support of the schools. The permanent funds available for 
the support of public schools are derived chiefly from the public- 
land endowment granted by the federal government. 

232 . Federal Aid to Public Education. By the famous 
land ordinance of 1785, the federal government provided 
for the reservation of section sixteen in each 
township for the maintenance of the public 
schools. Beginning with Ohio in 1802, each of the public- 
land States accordingly received section sixteen in every 
township; while each commonwealth admitted after 1848 
received two sections.^ Title to these lands was vested in 
the State legislature in trust for the purpose named, and the 
proceeds arising from their sale was to constitute a per¬ 
manent endowment fund, the interest to be applied to the 
support of the public schools. The entire amount turned 
over to the States was 67,893,918 acres, which, at the tradi¬ 
tional price of $1.25 per acre, gave a perpetual endowment 
of nearly $85,000,000. 

This fund has been increased in various ways. Many States 
have received salt and swamp lands, and part of the proceeds of 
lands sold within their boundaries, thereby increasing 
the permanent school fund. In 1836 the twenty-seven 
States then in the Union shared in the distribution by the federal 
government of $42,000,000; and sixteen of them turned over their 
quotas in whole or in part to the school fund. The national gov¬ 
ernment owned no lands in the original thirteen States, or in the 
States formed out of them, or in Texas. Hence these common¬ 
wealths did not share in the land grants mentioned, but many of 
them have set aside a portion of their own lands, and in various 
other ways created permanent school funds. 

i Utah received four sectione. » 


184 


GOVERNMENT AND POLITICS 


The common method of distributing the revenue from State 
funds is for State officials to apportion it among the counties; 
Distribution counties divide it among the townships accord- 
of State ing to the number of school youth between certain 
revenue (from four to sixteen, five to eighteen, or six to 

twenty-one). Thus each school district shares in the proceeds 
from the permanent fund according to the number of children 
of school age residing within the district. 

233. Educational Work of the Federal Government. In 
addition to the generous land and money grants in support of 
the State school systems, the federal government has 
Bduoation aided education by the establishment in 1867 of a 
Bureau of Education. It is the duty of the commis¬ 
sioner at the head of this bureau to collect and publish statistics 
concerning the schools of the United States; and his office pub¬ 
lishes an annual report, as well as monographs of great value. 
The federal government maintains the system of city schools in 
Washington, D. C.; provides academies at Annapolis and West 
Point for the education of naval and army officers; maintains 
schools for the Indians; and supports the Smithsonian Institute, 
a naval observatory, the geological survey, and other scientific 
establishments educational in character. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), pp. 371-375. 

Beard, C. A., American Government and Politics (1910), pp. 624-627, 748- 
751. 

Bliss, W. D. P., and others, Encyclopedia of Social Reform (1908); article 
on Education. 

Boone, R. G., Education in the United States (1889). 

Bryce, James, The American Commonwealth (1907), ii, ch. cv. 

Dexter, E. G., History of Education in the United States (1906). 

Draper, A. S., American Education (1909). 

Dutton, S. T., and Snedden, David, The Administration of Public Educa¬ 
tion in the United States (1909). 

Eliot, C. W., American Contributions to Civilization (1897), nos. ii, vin, ix. 
Forman, S. E., Advanced Civics (1905), ch. xlvi. 

Giddings, F. H., Democracy and Empire (1900), ch. xiv. 

Hart, A. B., Actual Government (1903), ch. xxviii. 

Hinsdale, B. A., The American Government (1900), ch. LVi. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
ch. IX. 

Miinsterberg, Hugo, The Americans (1904), pp. 365-424. 

Rice, J. M., Public School System of the United States. 

Wright, Carroll D., Outline of Practical Sociology (1899), ch. xi. 


PUBLIC EDUCATION 


185 


QUESTIONS AND EXERCISES 

1. Quote any provisions of your State constitution concerning free schools 
or public education. 

2 . What are the boundaries of the school district in which you live? How 
many children of school age within this district? How many are en¬ 
rolled in the public schools? 

3. How many members comprise your board of education or school trus¬ 
tees? How chosen? Term ? Name the members. 

4. Describe the powers of this board: (a) to levy school taxes; (b) to elect 
a superintendent and teachers; (c) to purchase school sites and erect 
buildings; (d) to perform other functions of school administration. 

5. What amount was expended by your district last year for the support 
of its schools? How much per pupil? How does this compare with the 
per capita expenditure in other districts of your State? 

6 . Is a State school tax levied in your commonwealth? If so, how much 
revenue did your district derive from this source last year? 

7. What amount of school revenue is derived from local taxation in your 
district? What is the rate of the local tax for school purposes? 

8 . What is the bonded indebtedness of your school district? For what 
purpose were these bonds issued? 

9. Is there a law in your State compelling children of a certain age to at¬ 
tend school? If so, during what ages is such attendance required and 
for what term each year? What is the penalty for violation of this law, 
and upon whom imposed? Who enforces the compulsory education 
laws? 

10. Explain the great importance of public education in a democracy. 

11 . What obligations do pupils owe to their school? Do they owe any ob¬ 
ligation to the community which provides them with free public educa¬ 
tion? 

12. How many high schools in your district? Number of pupils enrolled? 
Compare the course of study with that outlined in the text. 

13. Is there county supervision of rural schools in your commonwealth? 
How is the county superintendent chosen? How are schools supervised 
in your district? 

14. Are text-books furnished free to all pupils in your district? If so, state 
whether this is required throughout the State, or is optional with local 
authorities. Give the chief arguments for and against free text-books. 

15. Do you have uniform text-books throughout your State? What are the 
advantages and disadvantages of this policy? 

16. What authority grants teachers’ certificates in your district? 

17. In what ways does your State government control the common-school 
system? 

18. Who chooses your State superintendent of instruction (or commissioner 
of public schools) ? What is his term? Describe his duties. 

19. Is there a State board of education in your commonwealth? If so, 
state the number of members, method of appointment, and term. 

20. Describe the powers of the State board of education with reference to: 
(a) examination and certification of teachers; (b) handling of State 
school funds; (c) holding teachers’ institutes; (d) publication of school 
statistics; (e) preparation of courses of study and selection of text-books. 

21. Name the principal universities and colleges in your State. Classify 
them into three groups as suggested in Section 220 . 


186 GOVERNMENT AND POLITICS 

22 . Are graduates of your high school admitted to these institutions on 
certificate, or are entrance examinations required.? 

23. Is there a State university in your commonwealth? If so, how many 
students are enrolled? Name the various colleges which comprise it. 
What does it cost the State to maintain it? 

24. What aid to public education has your State received from the federal 
government? 


CHAPTER XVII 


STATE FINANCE 

234 . Definition of Finance. Public finance deals with the 
way in which government acquires and expends its means 
of subsistence; and hence the subject-matter of this chap¬ 
ter is public expenditure and public income. Under public 
expenditure we shall consider first, the general purposes for 
which all governments expend money; and second, the prin¬ 
cipal items of expenditure by State and local governments. 

235 . Purposes of Public Expenditures. Public expend¬ 
itures may be classified on the basis of the functions which 
governments perform as ( 1 ) protective, ( 2 ) industrial, 
(3) humanitarian, and (4) cultural.^ 

Protective functions are fundamental in character, in¬ 
cluding provision for defense, for internal security of per¬ 
son and property, and for protection against protective 
physical or social disease. The protective func- 
tions generally necessitate large military and naval expend¬ 
itures, as well as those for courts and police systems. 

The industrial functions of government include regula¬ 
tion of industry in the public interest by means of labor 
and factory laws, and inspection of food products; indnstriai 
also provision for useful public works, as canals, 
roads, bridges, and light-houses; and finally, promotion 
of industry by means of subsidies, bounties, and technical 
education. 

The humanitarian functions include those for the relief 
of the dependent and defective classes, as pau- 
pers, the insane, deaf, and blind; the aiding of ^ 

sufferers from occasional calamities (as fire, earth- 

» This classification of expenditures is that given by Professor F. M. Taylor of the 
University of Michigan. 


188 


GOVERNMENT AND POLITICS 


quake, or flood); provision for elementary education; and 
in a few countries, state-assisted insurance. 

The cultural functions are those which serve the higher 
Cniturai Wants, as physical culture and recreation, higher 
lunctions education, libraries, art museums, and scientific 
research. 

236 . Expenditures of National, State, and Local Govern¬ 
ments. The expenditures of^the national government form 
about 35 per cent of the total governmental expenditures; 
those of the State governments about 10 per cent; while 
local expenditures comprise nearly 55 per cent. In other 
countries as well as in the United States, the expenditures 
of local governments form an increasing proportion of the 
aggregate governmental expenditure, owing to the number 
and importance of the functions which local units perform. 



Mill ions 50 


a Wa/ionai Cov^^mmpnt. 
b Cities. 

c Minor Civil Divisions, 
d Counties. 

€ States. 

EXPENDITURES OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 


237 . State and Local Expenditures. Under our system 
of government, the chief expense of administration is borne, 
Objects State government itself, but by its sub¬ 

divisions, the counties, townships, and municipal¬ 
ities. Hence a comparatively small part of the total revenue 
levied and collected under State laws is taken by the com¬ 
monwealth for its own purposes. The principal expend¬ 
itures by State governments are for the maintenance of 
its executive, legislative, and judicial departments; for 
the State militia; for educational, charitable, and penal 











STATE FINANCE 


189 


institutions, as State universities, asylums for the blind 
and insane, and State prisons; for State buildings and 
public works; and for interest on the public debt. Upon 
local governments devolves the heavy expense of poor re¬ 
lief, schools and libraries, roads and bridges. In addition, 
city governments must provide police and fire protection, 
construct waterworks and sewer systems, pave and light 
the streets, and maintain public parks and playgrounds. 


(a) 

(b) 


50 tS too 125 


iSO ITS 200^225^250 '^215 

f 









a Education. 
t> PublicWbrksandImprmmnts. 
c State Covernment. 
d . Highway Expenditures} 
e Charities,, 
f Interest on Public Debt, 
g Military and Police .; 
h Eire and Miscel/aneous Protection, 
i Courts. 

j ^PubUc Industries, 
k Sewers and Sanitation, 

I Penal Institutions, 
m Street Lighting, 
n Miscellaneous, 
o Parks and Recreation, 
p Health Conservation^. . 

STATE AND LOCAL EXPENDITURES 


AMOUNT AND OBJECTS OF 













190 


GOVERNMENT AND POLITICS 


238 . Sources of Public Revenue. The expenditures of 
government, like those of individuals, are paid out of in- 
Direct, de- come or revenue; and the sources of public in- 
anticipatan? come may be grouped under three heads: (1) di¬ 
revenue rect revenue, or that received from public owner¬ 
ship of productive property, or public management of pro¬ 
ductive industry, or revenue which accrues to government 
by virtue of its corporate character; ( 2 ) derivative revenue, 
derived from the private incomes of persons or corpora¬ 
tions, and paid by them in satisfaction of some revenue law; 
(3) anticipatory revenue, or that secured by government 
through the use of its credit, to be afterwards repaid. 

The following outline ^ shows in detail the sources of 
public revenue: — 

f a. Public domains 

b. Public industries 

c. Gratuities or gifts 

d. Confiscations and indemnities 

a. Taxes 
b. Fees 
c. Assessments 
, d. Fines and penalties 

C a. Sale of bonds or other forms of com- 
-j mercial credit 
V b. Treasury notes 


1 . Direct revenue 


2 . Derivative 
revenue 


3. Anticipatory 
revenue 



a '^fationai'CoyemTnent. 
b Cities. 

c Minor Cirit Divisions, 
d Counties,f 
ejStates. ' 

RECEIPTS OF NATIONAL, STATE, AND LOCAL GOVERNMENTS 


* Adams, H. C., The Science oj Finance, p. 227. 







STATE FINANCE 


191 


239. Sources of Direct Revenue. In the United States, 
direct revenue forms a comparatively small part of public 
income. Many European countries own agricul- PubUc 
tural lands, mines, and forests, from which a con- 
siderable revenue is derived; but the policy of our govern¬ 
ment has been to transfer the public domain to individual 
settlers upon the theory that the national resources would 
be best developed in this way. 

Many ^foreign governments also derive considerable direct 
revenue from public industries, as waterworks, gas and electric 
lighting-plants, street and steam railways, postal and 
telegraph systems; and also from industries mono- 
polized by government as a means of revenue (fiscal 
monopolies).^ In the United States municipal ownership of 
waterworks systems is common, and many cities also own 
electric-lighting plants; while the federal government owns and 
operates the postal system. These industries are often carried on 
at a loss, charges having been reduced to a low figure in order to 
encourage an extensive use of the commodity or service.^ 

240. Sources of Derivative Revenue. Fees and special 
assessments form a considerable source of derivative re¬ 
venue, although relatively much less important 

than taxation proper. Fees are payments made 
to cover a part of the total cost of certain governmental 
activities performed for the benefit of all, but which confer 
a special benefit upon the individual. For example, there 
are judicial and legal fees, as court fees, the charges for 
recording deeds and mortgages, marriage-fees, and the 
like; administrative fees, including fees for education, 
when charged; and industrial and commercial fees, as road 
and canal tolls, harbor dues, and similar charges. 

Special assessments, also called ‘‘betterment” taxes, are 
closely related to fees. A special assessment has special 
been defined by Professor Seligman as “a com- 
pulsory contribution paid once and for all to defray the cost 

1 As the government monopoly of the manufacture of tobacco in France, and of liquor 
in Russia. 

* As in the case of the federal postal system, where the annual deficit commonly ranges 
from ten to fifteen million dollars. 


192 


GOVERNMENT AND POLITICS 


of a specific improvement to property undertaken in the 
public interest, and levied by the government in propor¬ 
tion to the special benefits accruing to the property owner.” 
For example, when a street is paved, or when water-pipes 
or sewers are laid, in addition to the general public benefit 
there is a special benefit to the individual on whose pro¬ 
perty the improvement abuts; and hence it is customary 
to levy a special assessment covering part or all of the cost 
against the owners whose property receives the special 
benefit. 

Taxes may be defined as “ratable burdens or charges 
imposed by the legislative power upon persons or property 
Taxes raise money for public purposes.” ^ The justi¬ 

fication of taxation is the benefit which govern¬ 
ments confer upon individuals. In return for the protection 
which they afford and the public functions fulfilled, govern¬ 
ments may justly take from those benefited, through tax¬ 
ation, the means necessary for their support. Taxes are 


MilHona Str tOO -tSO 200^80 300>3SO 400 450 SOO SSO e00 '»«S0n9 



II I I i I I M I 


General T^roperiy Tax^ 
Licenses cind Permits . 
Industrial Income . 

Corporation and Business Tasc, 
Sub\'entions^and Grants . 
Special assessments . 

Fees and charges. 
Miscellaneous . 

Interest* 

Pott. Taxli 

Fines and Forfeits . 


SOURCES OF STATE AND LOCAL REVENUES 

* Black, H. C., Conttitutional Law, p. S75, Professor Plehn defines taxes as "general 
compulsory contributions of wealth levied upon persons, natural or corporate, to defray 
the expenses incurred in conferring a common benefit upon the residents of the State.” 





STATE FINANCE 


193 


levied in accordance with the theory of faculty or ability; 
that is, individuals are required to share the burden of 
taxation according to their ability, estimated upon the 
basis of property or income. 

241. General Principles of Taxation. Certain general prin¬ 
ciples govern the levying of taxes, the following being especially 
important: — 


(1) The rule of equality, which prescribes that as far as possible 
all individuals shall pay taxes according to their re- „ 
spective abilities. 

(2) The rule of uniformity, which means that all taxable articles 
or kinds of property of the same class shall be taxed 

at the same rate. “ Different articles may be taxed at 
different amounts, provided the rate is uniform on the same class 
everywhere, with all people, and at all times.” ^ 

(3) The tax must be for a public purpose, that is, for the support 
of government and its legitimate objects, and not for Public 

the private advantage of individuals.^ purpose 

(4) The tax must be authorized by the legislature, it being a 
cardinal principle of republican government that taxes Legislative 
can be voted only by the representatives of the people, 
that is, by the legislative power. 

(5) Jurisdiction is essential to the validity of the tax; that is, 
the person or thing taxed must be amenable to the 
authority of the government making the levy. 

(6) Certainty should characterize every tax; that is, the time, 
manner, and amount of the payment should not be « ^ i tv 
arbitrary, but fixed and known to all. 

(7) Convenience is another desirable characteristic; the tax 
should be collected at a time when it will be most con¬ 
venient for the contributors to pay; and in general 
should cause as little inconvenience as possible. 

(8) Economy should characterize all tax levies; the tax should 

not be too diflScult of administration, nor the cost of _ 

,, . Economy 

collection excessive. 

242. Extent of the Taxing Power. The largest discretion is 
allowed the legislative power in determining the basis what may 
on which taxes shall be laid; and all property, tangible 
or intangible, is subject to taxation. “ Taxes may be levied on 


authoriza¬ 
tion 


Jurisdiction 


Convenlenoo 


* Black, H. C., Constitutional Law, p. 392. 

* “If the end be not public, it matters not that the individuals for whose benefit the tax 

is laid are numerous, nor that the object is to afford relief from the consequences of a pest¬ 
ilence, fire, inundation, or other general and widespread calamity.” — Hare, J. I. C., Amer¬ 
ican Constitutional Law, i, 279. ' 


194 


GOVERNMENT AND POLITICS 


Limitations 


real property or personal property, on occupations, on incomes, 
on inheritances, and on various other rights, benefits, and priv¬ 
ileges which are enjoyed under the protection and sanction of 
organized society.” ^ 

The power of the several commonwealths to tax is a general 
power, subject only to certain express and implied limitations in 
the^national and State constitutions, and to the limita¬ 
tions imposed by the nature of our form of government. 
Six important limitations are imposed by the federal constitu¬ 
tion, or by the nature of the federal government; and additional 
limitations are found in many State constitutions. 

By express provisions of the federal constitution, the common¬ 
wealths are forbidden, without the consent of Congress (1) to 
Federal con- imposts or duties on imports or exports except 

trol ol com- those absolutely necessary for the execution of State in- 
spection laws,^ or (2) to lay any tonnage duty.® More¬ 
over, (3) an implied restriction on the power of the commonwealths 
to tax foreign or interstate commerce is found in the provision 
giving Congress power to regulate foreign and interstate com¬ 
merce.^ 

(4) Another implied limitation arises from the guaranty of the 

federal constitution that “ the citizens of each State shall be en- 
Quaranty titled to all the privileges and immunities of the citi- 
of ecjnal zens of the several States.” ® This provision prevents 

privileges ^ State from discriminating against citizens of other 
commonwealths by levying upon the property or business of non¬ 
residents a higher tax than is levied upon corresponding property 
or business of its own citizens.® 

(5) State governments may not tax the agents or instrumental¬ 
ities by which the federal government performs its functions, be- 
Taxatlon cause if allowed this power they might cripple or even 
ol govern- wholly defeat the national authority. Hence a State 

government may not impose a tax upon the operations 
of a bank chartered by Congress; ^ nor upon the salary 
of a federal officer; nor upon the evidences of indebtedness issued 
by the national government.® 


mental 

agencies 


* McClain, E., Constitutional Law, p. 127. * Constitution, Art. i., Sec. 10, Par. 2. 

* Constitution, Art. i. Sec. 10, Par, 3. * Constitution, Art. i, Sec. 8, Par. 3. 

8 Constitution, Art. iv. Sec. 2, Par. 1. 

8 Ward V. Maryland, 12 Wall. 419; Welton p. Missouri, 91 U. S. 275; Walling v. Michigan, 
116 U. S. 446; Luy p. Baltimore, 100 U. S. 434. 

^ M’Culloch p, Maryland, 4 Wheaton, 316; Thayer’s Cases, ii, 1340; Osborn p. U. S. Bank, 
9 Wheaton, 738, 

® This implied limitation is reciprocal: for similar reasons the federal government cannot 
lay a tax upon the agents or instrumentalities of the State governments. 


STATE FINANCE 195 

(6) If, as sometimes happens, the State and federal govern¬ 
ments tax the same thing, the federal tax must first be subordinate 
satisfied. This limitation arises from the subordinate position ol 
position of the commonwealths in the federal plan. States 

(7) Many State constitutions limit the amount which may be 
raised by taxation to a certain per cent of the valua- Amount of 
tion of taxable property; and also provide that no taxation 
greater revenue shall be raised than the current needs of govern¬ 
ment require. 

( 8 ) The constitutions of many commonwealths exempt certain 
property from taxation, including that of educational institutions, 
public hospitals, charitable institutions, church pro- 

perty used for religious purposes, public property used 

for public purposes, and personal property to a limited amount 

(generally about two hundred dollars for each individual). 

243 . Classification of Taxes. Taxes may be classified 

in various ways, the most common division being into 

direct and indirect taxes. Direct taxes are those 

. ... , . Direct taxes 

levied immediately upon the persons who are to 
bear the burden. The law contemplates that the tax¬ 
payer shall also be the tax-bearer, and the burden of tax¬ 
ation cannot ordinarily be shifted. The most important 
direct taxes are the general property tax, mortgage tax, 
inheritance tax, corporation, poll, and income taxes. 

/«/ 

<b) 

(c) 

(d) 

(e) 

W 

SOURCES OF REVENUES OF STATE AND LOCAL GOVERNMENTS- 

Indirect taxes are those levied upon commodities before 
they reach the consumer. The taxpayer is not indirect 
the real tax-bearer, since the tax is ultimately 
paid by the consumer in the form of a higher price. The 





196 


GOVERNMENT AND POLITICS 


principal indirect taxes are customs duties, excise or internal 
revenue taxes, franchise and license taxes. 

The federal government derives its revenue almost 
exclusively from indirect taxes (customs duties and ex- 
Pederai cises). State and local revenues are derived chiefly 
and state from direct taxes — the general property tax, in- 
revenue heritance, and corporation taxes; together with 
a relatively small amount from such indirect taxes as 
franchises and licenses. 

244 . Assessment of General Property Tax. Throughout 
the Union, about seventy-five per cent of State and local 
Process of revenues is derived from the general property 
assessment which in theory is levied on the entire amount 
of property, real and personal, owned by taxpayers. The 
first step in administering the general property tax is that 
of assessment, or placing a valuation upon taxable property. 
Local assessors are generally elected by the city, town¬ 
ship, or county; and these officers inspect and place a value 
upon the property of each taxpayer. To aid in this work, 
taxpayers are ordinarily required to make a declaration 
under oath of the amount of their personal property, these 
declarations being subject to correction by the assessors. 

Real estate ^ and visible personal property (as furniture, 
stock in trade, live stock, or other farm capital) can be 
DUiicuities discovered by the assessors; but it has 

in assess- proved exceedingly difficult to reach intangible 
personal property, as notes, bonds, stocks, and 
mortgages. Hence the most valuable portion of personal 
property owned by the wealthiest members of the com¬ 
munity largely escapes taxation. In the United States as 
a whole, probably only one fifth of all personal property 
is reached under the general property tax. Both real and 
personal property are assessed far below their true values, 
real estate being generally rated at from one third to three 
fourths of its actual value. 


1 Real estate includes both land and the permanent structures resting upon it. 


STATE FINANCE 


197 


245 . Equalization. The work of local assessors is com¬ 
monly subject to correction by a county board of equal¬ 
ization, since otherwise property in one section of Boards oi 
the county may be assessed at a lower valua- ®‘i^^ 2 aUoii 
tion than property in other sections, thus placing an un¬ 
equal burden upon taxpayers. Furthermore, there is 
generally a State board of equalization charged with the 
duty of reviewing and equalizing the valuations within 
the various counties; for if the property in one county is 
undervalued as compared with the average rate of valua¬ 
tion throughout the commonwealth, the county escapes 
to that extent from its just burden of State taxation. 

246 . Levy and Collection of Taxes. After the process 
of assessment has been finished, the next step is the levy of 
the tax, or the fixing of the rate. The amount of pixing the 
revenue to be raised is first determined by the 

proper authority of each taxing area — generally by the 
board of education for the school district, by the township 
trustees for the township, by the town-meeting for the 
town, by the council for the municipality, by the county 
commissioners for the county, and by the legislature for 
the State. The rate of taxation is then determined by cal¬ 
culating the ratio between the estimate of necessary funds 
and the total assessed valuation of taxable property within 
the district concerned. For example, if the total State ex¬ 
penditures are estimated at three million dollars, and the 
assessed valuation of all taxable property in the common¬ 
wealth is three billion dollars, the rate for State purposes 
will be the former sum divided by the latter, or one tenth 
of one per cent, or one mill on the dollar. In the same 
manner the rates for the county, town or township, city, 
village, or school district are separately determined by find¬ 
ing the ratio of the assessed value of taxable property 
within the district to the revenue required by the district. 

The State auditor certifies the State tax rate to the 
county auditors or clerks; and the latter add to this the 


198 


GOVERNMENT AND POLITICS 


rates authorized for local purposes. The sum of these rates 
Duties oi will be the percentage of each taxpayer’s pro- 
auditor perty required for the support of State and local 
government. For example, the rates for taxpayers in rural 
and urban communities may be as follows: — 


RURAL 

TAXPAYER^ 

URBAN 

TAXPAYER 

Rate 

Mills 

Rate 

Mills 

School. 

. 4 

School. 

. 9.7 

Township .... 

. 1.25 

Municipal... 

.16.95 

County. 

.4.605 

County. 

. 4.605 

State. 

. 1.345 

State. 

. 1.345 

Total. 

.11.2 

Total.. 

.32.6 


All taxes are collected by local oflficers, generally by 
the township or county treasurer, the township supervisor, 
OoiiecUon the selectman, constable, or special tax collect- 
o! taxes Qj.g^ total amount of State and local taxes col¬ 
lected by these officers is then distributed, the respective 
shares being turned over to the township (or city) treasurer, 
the county and the State treasurers. 



a Cities. 

b ‘Minor Civil Divisions, 
c Counties, 
d States. 


DISTRIBUTION OF GENERAL PROPERTY TAX AMONG STATE AND 
LOCAL GOVERNMENTS 


If a taxpayer fails to pay his tax bill at a specified date, 
the property upon which the tax is levied is delinquent. 
Deiinauent A penalty in the form of an increased rate is 
then imposed, and if the bill remains unpaid the 
property may be sold to satisfy the claim. If sold, the ex- 

* Thus on property assessed at $1000, the taxpayer in the rural community would pay 
$11.20, while on the same amount of property the urban taxpayer would pay $32.60. 



















STATE FINANCE 


199 


cess over the amount of taxes due is given to the owner; 
and ordinarily he has the right within a limited period 
(generally two years) to repurchase the property at the 
sale price plus certain penalties. 

247. Defects of the General Property Tax. The defects 
of the general property tax are so serious that this form of tax 
has been severely condemned by all students of finance, and by 
most administrative officials. Professor Seligman declares that 
“the general property tax as actually administered to-day is 
beyond all peradventure the worst tax known in the civilized 
world.” 

Its chief defects may be summarized as follows: — 

(1) Theoretically, the general property tax is bad, since it takes 
property itself as a criterion of taxpaying ability; 
whereas not property, but the income which property 

yields, is the best index of taxpaying power. 

(2) The general property tax is defective in practice, since 
it fails to reach the most valuable portion of personal 
property — intangible property. Hence it imposes an practice 
undue burden upon real estate, and upon those en¬ 
gaged in agriculture, as compared with those in other pursuits. 

(3) The most serious defect in the general property tax arises 
from the difficulty of assessment. The greatest in¬ 
equalities prevail in the valuation of property in the dif- yalu^ons 
ferent townships within the county, and in the counties 
composing the State. Hence one township may bear an undue 
burden of county taxation as compared with other townships, 
and counties often bear unequal burdens of State taxation.^ 

(4) Finally, the general property tax causes public demoral¬ 
ization. Since taxpayers are commonly required to 

declare their taxable property under oath, those who moraUzatlon 
are conscientious are taxed heavily, while others escape 
a large share of their just burden. 

248. Mortgage Taxes. In several commonwealths a tax 
is levied upon capital invested in mortgages. For example, 
in New York a small tax is levied upon mortgages at the 

> “The assessors are commonly local officers dependent for their places upon the suf¬ 
frage of those whose property they assess, and since these assessments are taken as the 
basis of county and State taxes, as well as of township taxes, a strong temptation is pre¬ 
sented to each assessor to value the property in his township as low as possible in order 
that it may not be charged with an unduly large proportion of county and State taxes.” — 
Adams, H. C., Tlie Science of Finance, p. 445. 


200 


GOVERNMENT AND POLITICS 


time of record, after which they are exempt from further 
taxation. The policy prevailing in some States of taxing 
mortgages annually at the local tax rate is both unjust 
and difficult of enforcement. Such a tax involves double 
taxation unless the mortgagor is taxed only on the value 
of his property less the amount of the mortgage.^ 

249 . Inheritance Taxes. Inheritance taxes ^ are those 
imposed upon property inherited from the estate of a de¬ 
ceased person. This form of taxation is extensively used 
in Great Britain, Switzerland, and Australia; and it also 
prevails in three fourths of the commonwealths of the 
Union. In levying inheritance taxes, the practice is to ex¬ 
empt small estates entirely, and frequently to exempt that 
portion of the estate which passes to direct heirs. 

250 . Corporation Tax. The failure of the general pro¬ 
perty tax to reach intangible personal property, such as 
Otoject stocks and bonds in the hands of individual own¬ 
ers, has been partially remedied in some com¬ 
monwealths by a tax levied upon corporations, which from 
their nature must maintain an official record of property 
and earnings. 


General and 
special 


The corporation tax is sometimes a general one imposed upon 
all corporations doing business within the State. More often it 
is levied upon those industries which are monopolistic 
in character, and hence superior to the normal con¬ 
trol of commercial forces; or which for some other reason 
bear a public or quasi-public character. Illustrations of these 
are (1) the railway, telegraph, telephone, and express industries; 
(2) bridge companies and corporations owning rolling stock and 
terminals; (3) banks, building and loan associations, and insur¬ 
ance companies; and (4) municipal monopolies, as street railways, 
gas and electric-lighting companies. 

The basis of the corporation tax is in many instances the cap¬ 
ital stock at its par or market value; and often the 
bonded indebtedness is also included. In other States, 
the volume of business transacted, the gross earnings, the divi- 


Basls 


* Since the economic result of a mortgage tax is to increase the interest rate; or, in other 
words, the burden of the tax is imposed upon borrowers. 

* Known also as succession taxes, and death duties. 


STATE FINANCE 


201 


dends and interest, or the net earnings, are taken as the basis. 
In some commonwealths, as in New York, a tax is levied upon the 
organization of corporations as well as upon their annual earnings.^ 

251 . Poll or Capitation Tax. The poll or capitation tax 
is a uniform contribution levied against individuals as such. 
This generally proves a very diflBcult tax to col- a defective 
lect; and it is an unjust form of tax, since the 

same amount is exacted from each person, irrespective of 
his ability to pay. Many commonwealths still retain the 
poll tax, the levy being two or three dollars upon all males 
over twenty-one years of age. 

252 . Income Taxes. The income tax is a tax of a certain 
per cent on the annual clear income of each individual. 
Incomes below a certain amount are commonly character- 
exempt, and the rate of taxation is often progress- 

ive.^ An income tax in some form is levied by Virginia, 
Oklahoma, Pennsylvania, Tennessee, North Carolina, Mass¬ 
achusetts, and South Carolina. 

253 . License Taxes. License taxes include “all payments 
which the law makes a condition to the transaction of busi¬ 
ness, or to the following of a profession, a trade, uennition 
or any industrial calling.” ® Except in the South- j^d^^hwac- 
ern States, where licenses are required for many 
different kinds of business, the license tax is generally im¬ 
posed upon occupations which present peculiar difficulties 
from the point of view of police regulation, as the business 
of saloon keepers, hack drivers, draymen, and peddlers. 

254 . Franchise Taxes. A franchise is an exclusive right 
or privilege granted by government, as the right to sup¬ 
ply gas, water, or electric light within a certain Definition 
area, or the right to use the streets of a city for 

the operation of a street-railway system. The chief value 

» The States of New York, Massachusetts, Pennsylvania, Vermont, and New Jersey 
derive the greater part of their revenues from corporation taxes; and the present tendency 
is to develop the corporation tax for State purposes, leaving the general property tax to the 
various local areas (counties, townships, and cities). 

* A tax rate is progressive when a larger per cent is assessed upon higher than upon lowef 
values; it is proportioned when the rate is the same per cent on all property. 

• Adams, H. C., Science of Finance, p. 378. 


202 


GOVERNMENT AND POLITICS 


of street-railway property is not the cost of rolling stock 
and rails, but rather the exclusive right to use the streets 
for the purpose of carrying passengers. The franchise tax, 
then, is a tax upon a value arising from an exclusive priv¬ 
ilege — in other words, upon a value which society itself 
creates. Throughout the entire history of American muni¬ 
cipalities, franchises have been given away with utter 
disregard of their value and the public interest; but the 
present tendency is to secure for the city some return for 
the values arising from municipal growth and development. 

255 . Reforms in Taxation. The reform in taxation most 

earnestly advocated by students of this subject consists in 
Sources assignment of definite and exclusive sources 

oi federal of income to each of the several grades of govern¬ 
ment. Thus to the federal government would be 

assigned the revenue from customs duties and excise taxes, 
supplemented in case of need by a federal income tax. 

State revenue should be derived from taxation of corpor¬ 
ations, inheritance taxes, and licenses. The effort to reach 
intangible personal property through the gen¬ 
eral property tax should be entirely abandoned, 
and the commonwealth should leave to local gov¬ 
ernments all taxation of real estate. In this way many of 
the defects of the general property tax would be remedied. 
The antiquated and unjust poll tax should be abandoned 
entirely. 

The revenue for rural local governments should be de¬ 
rived chiefly from the tax upon real estate, supplemented. 
Sources necessary, by a tax upon visible personal pro- 

taxatfon cities large revenues should be derived 

from franchises and licenses, supplemented in 
case of need by a small tax upon real estate. 

256 . Borrowing Power of State Governments. In addi- 
Antioipatory tion to the income obtained from the foregoing 
revenue sources. States may obtain revenue through the 
use of their credit, or in other words, may borrow money. 


Sources 
of State 
taxation 


STATE FINANCE 


203 


Such revenue is called anticipatory, and “its legitimate 
use is confined to making headway against a fiscal exigency, 
or to the providing of capital for public investment.” ^ 
State and local debts are generally incurred for the con¬ 
struction of public works, although sometimes they are 
due to deficiencies in taxation. Debt-making means the 
distribution of the burden of heavy expenditures over a 
later period, the cost of this postponement being the pay¬ 
ment of the annual interest. 

Because of the recklessness of legislative bodies in con¬ 
tracting debts, most constitutions limit the amount of 
indebtedness that may be incurred by State and oonstitu- 
local governments to a certain per cent of the valu- tionai um- 
ation of taxable property. Limitations are often 
imposed as to the objects for which State governments 
may borrow money; and a number of constitutions provide 
that no money may be borrowed unless the law author¬ 
izing the loan be ratified by a popular vote.^ 

State governments generally borrow money through the 
issue of bonds, since the federal constitution expressly 
prohibits the commonwealths from issuing due- Method of 
bills, or paper notes of any kind intended to 
circulate as money.^ Provision is commonly made for the 
redemption of bonds through the accumulation of a sink¬ 
ing-fund; that is, a portion of the annual income is set 
aside each year in a special fund which is invested in 
interest-bearing securities, and ultimately applied to the 
extinguishment of the debt. 

257. History of State Debts. Shortly after the adoption 
of the national constitution (1789), the federal gov- ^ 
ernment assumed the Revolutionary debt of the States dJbtedness 
amounting to about $21,000,000; and for thirty years 
afterwards there was little State debt. Then came the era of ex- 

* Adams, H. C., Science of Finance, p. 22. 

2 Commenting upon these restrictions, Bryce declares that “one feels, in reading these 
multiform provisions, as if the legislature was a rabbit seeking to issue from its burrow to 
ravage the crops wherever it could, and the people of the State were obliged to close every 
exit, because they could not otherwise restrain its inveterate propensity to mischief.” — 
The American Commonwealth, i, 522. 

* Constitution, Art. 1, Sec. 10, Par. 1; Craig p. Missouri, 4 Peters, p. 410. 


204 


GOVERNMENT AND POLITICS 


tensive canal building, followed by railroad building with State 
aid, which resulted in a rapid increase of State indebtedness.^ 
After the panic of 1837 a number of commonwealths repudiated 
a part of their debts, to the amount of about $14,000,000. 

The Civil War created a large indebtedness on the part of 
the commonwealths, as well as the federal government; but the 
loans incurred in aid of rebellion by the eleven seceding 
perlod^*^ States became void through the adoption of the four¬ 
teenth amendment. After the war the Southern States, 
and also two Northern commonwealths, repudiated indebtedness 
amounting in all to $160,000,000.^ 

State debts are now decreasing, and a number of common¬ 
wealths are practically free from debt. One reason for this de¬ 
cline is the increase of municipal and local indebtedness, 
wnWUons owing to the increased activities which local govern¬ 
ments are called upon to perform. The total municipal 
debt throughout the Union is now about six times the aggregate 
State indebtedness, and considerably larger than the national 
debt. 


GENERAL REFERENCES 
Adams, H. C,, The Science of Finance (1905). 

Agger, E. E., The Budget in the American Commonwealths^ Columbia 
University Studies (1907). 

Ashley, R. L., American F^eral State (1903), ch. xxv. 

Bastable, C. F., Public Finance (1895). 

Beard, C. A., American Government and Politics (1910), ch. xxxi. 

- Readings in American Government and Politics (1910), ch. xxxi. 

Blackmar, F. W., Ecorwrnics for High Schools (1907), ch. xxxii. 

Bryce, James, The American Commonwealth (1908), i, ch. xliii. 

Bullock, C. J., Introduction to the Study of Economics (1900), ch. xvii. 
Cooley, T. M., Constitutional Limitations (1903), ch. xiv. 

Daniels, W. M., Elements of Public Finance (1899). 

Ely, R. T., and Wicker, G. R., Elementary Principles of Economics (1904), 
pp. 327-363. 

Ely, R. T., and Finley, John H., Taxation in American States and Cities. 
Fairlie, J. A., Municipal Administration (1901), chs. xiii-xvi. 

Hart, A. B., Actual Government 1903), chs. xxi-xxii. 

Hollander, J. H., Studies in State Taxation (Johns Hopkins University 
Studies), XVIII, nos. 1-4 (1900). 

Lalor, J. J., Cyclopedia of Political Science, etc. (1882-84);. articles on 
Budgets, Debts, Finance, Revenue, Municipal Bonds, Repudiation, 
Taxation. 

* It is estimated that the total debt of the States in 1838 was $170,800,000, of which 
$60,200,000 had been incurred for canals, $42,800,000 for railroads, and $52,600,000 for 
banking. 

* Most of this amount was contracted just after the war by the carpet-bag govern¬ 
ments of the South. 



STATE FINANCE 


205 


National Municipal League, Proceedings of the Providence Conference for 
Good City Government (1907), pp. 223-316. 

Plehn, Carl C., Introduction to Public Finance (1897). 

Seligman, E. R. A., Essays in Taxation (1895). 

QUESTIONS AND EXERCISES 

1 . What restrictions are imposed by your State constitution upon 
(a) the power to levy taxes; (b) the power to borrow money? 

2 . Study the balance sheet or financial statement of your State govern¬ 
ment for last year, and report upon the following: (a) the amount 
and sources of revenue for the year, arranged in the order of their im¬ 
portance; (b) the chief items of expenditure. 

3. Make a similar report concerning the financial statement of your city 
or county. 

4. State which of the following kinds of taxes are levied in your State: 
general property tax, mortgage tax, inheritance tax, corporation tax, 
poll or capitation tax, income tax, license or business tax, franchise 
tax. 

5. What is the total assessed valuation of property in your city or county? 
What is the tax rate for city, school, county, and State purposes? 
Taking the assessed valuation as a basis, figure the amount of revenue 
which each area would receive at the respective rates. 

6 . Study the method of assessing property and of levying the general 
property tax in your community. Compare with the process described 
in Sections 244-246. 

7. Are there county and State boards of equalization in your common¬ 
wealth? If so, how are they chosen? How may an assessment be 
increased or decreased? 

8 . What portion of one’s real or personal property is exempt from taxa¬ 
tion in your State? What is the reason for the exemption? 

9. Does personal property bear its share of taxation in your community, 
or does the greater part of it escape taxation? Can you suggest a 
remedy? 

10. Prepare a graphical chart showing fluctuations in the tax rates in your 
city or county during the last twenty years. 

11. Do rents tend to rise and fall as the tax rate increases or decreases? 
Why? 

12. What penalty is imposed in case of delinquent taxes? 

13. By whom are taxes assessed in your city or county? To whom paid? 

14. If corporation taxes are levied in your State, give the rate of the tax, 
and the basis upon which it is levied (capitalization, earnings, etc.). 

15. If inheritance taxes are levied, state the rate, exemptions, etc. Same 
for income taxes. 

16. Why are poll or capitation taxes objectionable? 

17. Are franchises taxed in your city? What is the justification of this 
form of tax? 

18. Does the right to vote in your State depend upon the payment of any 
kind of taxes? Are all taxpayers voters? 

19. Compare the system of taxation suggested in Section 255 with that 
actually in force in your State. 

20 . What is the amount of your State debt? Of your county debt? Of 


206 GOVERNMENT AND POLITICS 

■ your city debt? Of your school-district debt? How are these debts 
to be paid? 

21. For what amount are bonds generally issued by your local govern¬ 
ment? What is the usual rate of interest? How are the bonds sold? 

22 . For what purposes are governments justified in issuing bonds? Is it 
proper to issue bonds to defray current expenses? 

23. If possible, bring a government bond to class for examination and 
study. 


CHAPTER XVIII 


ORIGIN OF THE FEDERAL GOVERNMENT 

258. Beginning of the Federal Union. From the stand¬ 
point of constitutional law, the Federal Union as it exists to-day 
dates from 1789, when our national constitution went Thre® 
into effect. Historically its origin is much earlier, dating periods 
back to the crude attempts at union during colonial days 
(1643-1775). Next came the period of Revolutionary union 
(1775-1781), followed] by constitutional union, first under the 
Articles of Confederation (1781-1789), then under the federal 
constitution. 

259. Conditions affecting Colonial Union. ’ Tendencies 
toward union existed in the American colonies almost from the 
beginning of their history. Nearly four fifths of the colo- Tendencies 
nists were of English descent, speaking the same Ian- layering 
guage, and except the Roman Catholics in Maryland, 
professing the Protestant religion. Not only were the colonists 
united by the ties of a common history, language, and religion, 
but all were governed by the English system of common law, 
modified to meet colonial conditions; and they claimed as their 
birthright the privileges which the common law recognized as 
belonging to all Englishmen. Another influence tending toward 
union was the fact that the colonists were threatened by a com¬ 
mon enemy — first the Indians, then the Dutch and French, and 
finally the mother country itself. 

On the other hand, several conditions operated to prevent 
an early and permanent union. From its establishment each 
colony had been politically separate from every other, 
and the strong feeling of local independence checked conations * 
for many years the inclination toward union. The geo¬ 
graphical situation of the colonies also tended to keep them sepa¬ 
rate. Communication either by land or water was both difficult 
and dangerous, and the lack of intercourse with their neighbors 
fostered a spirit of provincial narrowness and exclusion. Industri¬ 
ally also, the interests of the colonies were distinct. In New Eng¬ 
land, shipbuilding was the leading industry; while at the South, 


208 GOVERNMENT AND POLITICS 

agriculture carried on by slave labor was the chief source of 
wealth. 

260 . The New England Confederation. In 1643 the 
condition of affairs in England ^ was such that the mother country 

could do little to protect the colonies from the danger 
aMpVw^rs attack by the Indians and the Dutch. Accordingly, 
four of the New England colonies (Massachusetts Bay, 
Plymouth, Connecticut, and New Haven) united in a league for 
the purpose of mutual defense, as well as for the extradition of 
criminals and fugitive servants. The affairs entrusted to the 
confederate government were managed by an advisory board, 
on which each colony was represented by two commissioners. 
This league continued in existence for forty years and rendered 
effective service, especially in the wars against the Indians. 
More important still, it accustomed the colonies to united action 
and showed them the benefits of union. 

261 . The Albany Plan of Union (1754). During the long 
struggle with the French, several plans were brought forward for 

a closer union of the colonies. In 1754 delegates from 
SanSwUon seven colonies met at Albany in answer to a summons 
from the Lords of Trade. The Congress finally adopted 
the plan presented by Benjamin Franklin for a colonial union to 
be established by Act of Parliament. Although unanimously 
adopted by the Congress, the proposed plan was rejected both 
in England and in America. The colonies distrusted it as giving 
too much power to the crown, while the British government consid¬ 
ered it too democratic. 

262. Stamp Act Congress (1765). The dormant spirit 
of union in the colonies was finally aroused by the adoption of a 

new British colonial policy. The Stamp Act passed by 
oiriSts*”” the British Parliament in 1764 met with bitter opposi¬ 
tion from the colonists, who claimed that such a tax 
could not be constitutionally imposed except by their own legis¬ 
latures. At the suggestion of the Massachusetts House of Re¬ 
presentatives, nine colonies sent delegates to the Stamp Act Con¬ 
gress (1765). This Congress drew up an address to the king, and 
adopted a declaration of rights setting forth that “the people of 
these colonies are not, and from their local circumstances cannot 
be, represented in the House of Commons”; and that no taxes 
“can be reasonably imposed on them but by their respective 
legislatures.” The Stamp Act Congress of 1765 marks one of the 

* The period from 1642 to 1649 marked the struggle between Charles I and the Long 
Parliament, ending in the execution of the king and the proclamation of the Common- 
wealth. 


ORIGIN OF THE FEDERAL GOVERNMENT 209 


most important steps in the development of the spirit of union — 
so important that it has been called the day-star of the American 
Union. 

263. Growth of Spirit of Resistance. The obnoxious 
Stamp Act was repealed in March, 1766, but the British govern¬ 
ment did not abandon its position on the subject of committees 
taxation. Coupled with the repeal of the Stamp Act, of corxo- 
Parliament had passed a resolution aflfirming its right 

to legislate for the colonies “in all cases whatsoever.’’ ^ Within 
the next few years other revenue acts were passed, including the 
unpopular tax on tea; and in 1773, following a suggestion made 
several years before by the Massachusetts legislature, commit¬ 
tees of correspondence were formed in the various colonies to 
secure cooperation in resisting the aggressions of Great Britain. 
These committees were appointed by the colonial assemblies, 
and mark another important step toward a political union of the 
colonies. 

264. First Continental Congress (1774). The first Contin¬ 
ental Congress owed its origin to the series of repressive measures 
adopted by Parliament in order to discipline Massa- 
chusetts. A general congress to secure redress of griev¬ 
ances had been proposed by Virginia in May, 1774, but the de¬ 
finite call came from Massachusetts in June of the same year. 
All the colonies except Georgia were represented. 

In September, 1774, the fifty-five delegates assembled at Phil¬ 
adelphia. They drew up a declaration of rights and grievances, 
together with a petition to the king requesting the 
repeal of the obnoxious laws; and recommended that 
until redress of grievances was secured, the colonists should neither 
buy from nor sell to the people of Great Britain. This non-im¬ 
portation agreement or “Association” was subscribed to by each 
member for himself and the colony he represented, and virtually 
marks the beginning of the Federal Union. Congress adjourned 
after recommending that a similar body be convened at Phil¬ 
adelphia in May of the following year, in case the colonial griev¬ 
ances were not redressed in the meantime. 

265. The Second Continental Congress (1775-1781). 

The Second Continental Congress, most of whose del- Rovolutlon- 
egates were chosen by popular conventions, assembled ary powers 
in the state house at Philadelphia on May 10, 1775. 

By this time the battle of Lexington had been fought, and an army 

> This act Pitt called a resolution “for England’s right to do what the Treasury pleased 
with three millions of freemen.” 


210 


GOVERNMENT AND POLITICS 


of patriots was laying siege to Boston. Congress at once assumed 
revolutionary powers, which were exercised with the acquiescence 
of the people during the next six years. It organized an army and 
chose Washington commander-in-chief; raised a navy; licensed 
privateers; issued the Continental Currency, pledging the faith of 
the country to its redemption; established a treasury department 
and post office; sent representatives to France and other countries; 
adopted the Declaration of Independence; gave advice concern¬ 
ing the formation of State governments; concluded the treaty of 
alliance with France; and proposed to the States the Articles of 
Confederation, the adoption of which in 1781 legalized the Revo¬ 
lutionary Union. In short, the Second Continental Congress 
assumed and exercised all the sovereign powers necessary to the 
successful maintenance of the Revolutionary cause, and this de 
facto government was acquiesced in by the people. 

266. Formation of the Confederation. On the same day 
that Congress appointed a committee to draw up the Declaration 

of Independence (June 11 , 1776), a second committee 
ol^Artlclos*^ consisting of one member from each State was chosen to 
draw up a plan of Confederation. On July 12 , 1776, 
this committee reported a plan of union supposed to have been 
drafted by John Dickinson; and after some delay it was adopted 
by Congress (November 15, 1777), and sent to the States for 
ratification. By July, 1778, ten States had agreed to the Articles 
of Confederation (which were only to be binding when all the States 
had ratified). By May, 1779,'all had ratified except Maryland; and 
this commonwealth steadfastly refused to give her sanction unless 
her more powerful neighbors — especially New York and Virginia 
— should cede to the general government their claims to the 
western lands. New York finally relinquished her claims to the 
western domain, and Virginia promised similar action; where¬ 
upon Maryland gave her ratification, and on March 1 , 1781, the 
Articles went into effect. 

267 . Character of the Confederation Government. The 

new government was a confederation or league of States, rather 
A lea e than a federal government such as we have to-day. 

of States "^tie States relinquished some of their sovereign pow¬ 

ers,’ no commonwealth being permitted to send am¬ 
bassadors, make treaties, maintain an army, or levy war. On 
the other hand, the Articles expressly declared that “each State 
retains its sovereignty, freedom, and independence, and every 
power, jurisdiction, and right which is not by this federation 
delegated to the United States in Congress assembled.” Each 
commonwealth whether large or small had but one vote in Con- 


ORIGIN OF THE FEDERAL GOVERNMENT 211 

gress; and the Articles could only be amended by the unanimous 
consent of the State legislatures — a provision which made amend¬ 
ment practically impossible. 

A striking feature of the new government was that it did not 
follow Montesquieu’s theory of the division of governmental 
powers among executive, legislative,and judicial depart¬ 
ments. There was no national executive or judiciary, congress 
and legislative powers were vested in a Congress of a 
single house. To this Congress each State sent not less than two 
nor more than seven delegates, chosen by its legislature for a term 
of one year, but subject to recall at any time. Delegates were 
paid by the State governments. Each commonwealth had one 
vote, which was determined by a majority of the delegates present 
when a vote was taken. 

The legislative powers of Congress included the sole and ex¬ 
clusive power to determine peace and war; to send and receive 
ambassadors; to form treaties and alliances; to estab¬ 
lish rules concerning captures on land and water; to oonS^ss* 
grant letters of marque and reprisal in time of peace; 
to appoint courts for the trials of piracies and felonies committed 
on the high seas; to establish courts of final appeal in cases of 
captures; to decide on appear any dispute between two or more 
States concerning boundary, jurisdiction, or other causes; to 
make requisitions upon each State for its quota of troops or taxes; 
to borrow money and emit bills on the credit of the United States; 
to regulate the alloy and value of coins issued by Congress or the 
States; to fix the standard of weights and measures; to regulate 
relations with the Indians; to establish post offices; to appoint 
and commission the higher officers of the army, and all naval 
officers; and to make rules for the government of the land and 
naval forces. The Articles also provided for interstate rights of 
citizenship, for the extradition of criminals, and for according full 
faith and credit in each commonwealth to the judicial acts and 
proceedings of all other commonwealths. For the exercise of the 
most important of these powers the consent of nine States was 
necessary; and all questions (with the exception of adjourning 
from day to day) required the assent of a majority of the States. 

268. Defects of the Confederation. The government 
established by the Articles of Confederation was fatally defective 
both in organization and in powers. The concentration 
of all governmental authority in a legislature consisting gtiuo^ure 
of a single house, the absolute equality in Congress of 
all States large or small, the short term of the delegates, coupled 
with the provision for their payment by the States and the right 


GOVERNMENT AND POLITICS 




of recall, and finally the provision requiring the assent of nine 
commonwealths for all important legislation, and the consent of 
all for any amendment of the Articles, — these constituted most 
serious defects in the structure of government, defects which could 
only be remedied by a new constitution. 

But the most fatal weakness of the Confederation government 
was that the nominally large powers of Congress could not be 
Laokol brought to bear directly upon the individual citizen, 
necessary The general government could reach the individual 
powers Qjjjy tiipough the action of the State governments; and 

it had no power to coerce a State. Congress might declare war, 
and make requisitions upon the States for their quotas of troops; 
but it could not enlist a single soldier. Congress might incur in¬ 
debtedness, and ask the States for the sums necessary for the 
support of government; but it could not raise a dollar by taxa¬ 
tion. Congress could make treaties, but it could not compel 
their observance by the States. In short, as one writer has said. 
Congress could declare everything but do nothing. 

269. Failure of the Confederation Government. Even 
under the stress of war and the pressure of common dangers, the 
Confederation government was feeble and inefficient; 
and with the return of peace it soon lapsed into a state 
of impotence. One historian asserts that “the period 
of five years following the peace of 1783 was the most critical 
moment in all the history of the American people.’’ ^ Foremost 
among the causes which led to the breakdown of the Confedera¬ 
tion was its lack of power to raise money with which to pay the 
national debt (amounting to about $42,000,000), or even to secure 
the funds necessary for the ordinary expenses of government. Re¬ 
venue could be secured only through requisitions upon the States; 
but in the years 1782-83, requisitions amounting to $10,000,000 
yielded less than $1,500,000. As a result Congress could not pay 
the large foreign debt nor even the soldiers of the Continental Army, 
save in certificates of indebtedness. In 1783 Congress found itself 
forced to leave Philadelphia and take refuge at Princeton, on ac¬ 
count of the riotous conduct of some eighty Pennsylvania soldiers of 
the line, who had become mutinous at their failure to receive pay. 

Another serious weakness of the Confederation arose from its 
^mmerce lack of power to regulate commerce, either foreign or 
lorelgn domestic. Each State taxed imports as it chose, with 

relations the result that foreign and domestic commerce was in 
a state of chaos. Moreover, while Congress nominally had power 

» Fiske, John, The Critical Period oj American History, p. 55, 


ORIGIN OF THE FEDERAL GOVERNMENT 213 

to conclude treaties, foreign countries declined to negotiate with 
a government powerless to compel their observance. Thus “our 
diplomacy failed because our weakness had been proclaimed to 
the world. We were bullied by England, insulted by France and 
Spain, and looked askance at in Holland.” ^ 

Within the commonwealths, industrial and commercial distress 
everywhere abounded, and in some sections social disorders threat¬ 
ened the annihilation of all government. Nearly all the 
States were issuing worthless paper money; several SfsoSS 
had passed laws impairing the obligation of contracts; 
and finally, in Massachusetts a large portion of the debtor class 
took up arms to prevent the holding of courts and the collection 
of debts (Shays’ Rebellion, 1786-87). Everywhere State was ar¬ 
rayed against State, section against section; New England against 
the South over the question of trade with Great Britain, the East 
against the West on the subject of commerce with Spain and the 
navigation of the Mississippi. 

Attempts were made in 1781 and again in 1783 to amend the 
Articles so as to confer upon Congress power to levy duties upon 
imported goods; but each time the amendment was Attempts 
defeated by the selfish opposition of a single State — to amend 
Rhode Island refusing to consent to the first proposal, 
and New York to the second. In 1784 Congress proposed a third 
amendment giving it power to pass commercial laws discriminat¬ 
ing against foreign countries which refused to make commercial 
treaties with the United States — a measure aimed particularly 
at Great Britain; but to this plan several States refused assent. 

By 1785 it was apparent that the Confederation was on the 
verge of collapse. Congress had declined both in numbers and 
character. The ablest men would no longer consent to collapse ol 
serve as delegates, and it was almost impossible to se- the Con- 
cure a quorum for the transaction of business. “There 
is in America no general government,” reported the agent of 
France in 1784; and the statement was almost literally true. 
Congress was powerless to compel Great Britain to carry out 
the provisions of the peace treaty, or to secure their observance 
on the part of the States. The Confederation government could 
command neither respect abroad nor obedience at home; and 
by 1786 its break-down was so complete that it was plain that 
the union must be strengthened, or give way to a condition of 
anarchy and civil war. 

1 Fiske, John, The Critical Period of American History, p. 155. 


214 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. iv. 

Beard, C. A., American Government and Politics (1910), ch. ii. 

•- Readings in American Government and Politics (1910), ch. ii. 

Channing, Edward, Students' History of the United States (1905), chs. IV-VI. 
Curtis, George T., Constitutional History of the United States. 

Fiske, John, The Critical Period of American History (1888). 

Frothingham, Richard, The Rise of the Republic of the United States (1872). 
Hart, A. B., American History told by Contemporaries (1906), ii, chs. xxiii- 
XXV, XXXIII; III, chs. vi-ix. 

- Formation of the Union (1893), chs. iii-v. 

Howard, G. E., Preliminaries of the Revolution (1905), chs. vii-xi, xiv-xvii. 
McLaughlin, A. C., The Confederation and the Constitution (1905), chs. 
iii-xi. 

Schouler, James, Constitutional Studies (1904), pp. 70-98. 

- History of the United States (rev. ed. 1894), i, ch. I. 

Sparks, Edwin E., The United States of America (1904), i, chs. i, rv. 

Story, Joseph, Commentaries (5th ed., 1905), secs. 198-271. 

Thorpe, F. N., The Constitutional History of the United States (1901), chs. 

I-VIII. 

Van Tyne, C. H., The American Revolution (1905), ch. xi. 


QUESTIONS AND EXERCISES 

1 . Prepare a report upon the formation and history of the New England 
Confederation. 

2 . Discuss fully the proposed union of 1754. (Frothingham, Richard, 
Rise of the Republic of the United States; MacDonald, William, Select 
Documents, i, 253-257.) 

3. Prepare a report upon the work of the committees of correspondence. 

4 . Which body exercised greater authority, the Second Continental 
Congress or the Congress under the Articles of Confederation? 

5. Why is the government under the Continental Congress called a de 
facto government? 

6 . What were the causes of armed resistance to Great Britain as set 
forth in the Declaration adopted by the Second Continental Congress? 
(MacDonald, William, Select Documents, i, 374-381.) 

7. What great territorial ordinance was adopted by Congress under the 
Articles of Confederation? 

8 . Describe the commercial discriminations of the States under the 
Articles of Confederation. (Fiske, John, Critical Period of American 
History, pp. 142-147.) 





CHAPTER XIX 


THE FORMATION OF THE CONSTITUTION 

270. The Alexandria Conference (1785). Many events, 
including Shays’ Rebellion and the failure of the proposed im¬ 
post amendment, combined to bring about the Con¬ 
stitutional Convention of 1787; but the immediate 

cause was the efiFort of certain States to reach an agree¬ 
ment concerning matters of navigation and commerce. Two years 
^ earlier (March, 1785), commissioners appointed by Maryland 
and Virginia had assembled at Alexandria to form an agreement 
concerning the navigation of Chesapeake Bay and the rivers 
common to both States. They also took up other matters of gen¬ 
eral policy, recommending to the two States uniformity of com¬ 
mercial regulations and a uniform currency. The commissioners 
realized that the consent of the other commonwealths was neces¬ 
sary in order to make these recommendations effective; and the 
assemblies of Maryland and Virginia accordingly proposed that 
commissioners from all the States be invited to meet in a general 
convention for the purpose of adopting uniform commercial reg¬ 
ulations. 

271. The Annapolis Convention (1786). In response to 
the invitation of Virginia, twelve commissioners representing 
five States ^ — New York, New Jersey, Pennsylvania, Delaware, 
and Virginia — convened at Annapolis in September, 1786. The 
commissioners saw clearly that no important results could be ac¬ 
complished unless more States were represented; and they realized 
that the subject of commerce was intimately connected with 
other matters likewise in need of adjustment. 

Accordingly, the convention adopted a report, probably drawn 
by Hamilton, recommending that a general convention be held 
at Philadelphia on the second Monday of May, 1787, 

“to take into consideration the situation of the United constltu- 
States,” and to devise the measures “necessary to 
render the constitution of the federal government ade¬ 
quate to the exigencies of the Union.” This report was addressed 

» Nine States' had selected commissioners, but only those from five States attended. 


216 


GOVERNMENT AND POLITICS 


to the legislatures of the five States represented, and copies were 
also sent to Congress and to the executives of the other eight 
commonwealths. Congress hesitated for some time to indorse 
the recommendation for a convention; but at length, after several 
States had appointed delegates, adopted a resolution (Febru¬ 
ary 21, 1787), declaring the desirability of calling a convention 
on the second Monday of the following May, “for the sole and 
express purpose of revising the Articles of Confederation.” 

272 . The Constitutional Convention ( 1787 ). All the States 
except Rhode Island were represented in the Constitu- 
Personnei tional Convention, which held its sessions at Phil- 
otxha adelphia from May 25 to September 17, 1787. 

Fifty-five delegates were at one time or another 
in attendance,^ including many of the ablest leaders and 
statesmen of the day. Of these nine had been signers of the 
Declaration of Independence; while all except twelve had 
served at some time in Congress, and eighteen were then 
members. Prominent among the delegates were George 
Washington, Benjamin Franklin, James Madison, Edmund 
Randolph, Alexander Hamilton, James Wilson, Gouver- 
neur Morris, William Paterson, Elbridge Gerry, Roger 
Sherman, Oliver Ellsworth, John Dickinson, Luther Martin, 
Charles Pinckney, Charles Cotesworth Pinckney, and 
others of less note, but representing the best talent and 
thought of the country. 

273 . Organization. The date of the convention had been 
originally fixed at May 14, 1787, but it was not until 
Officers ana May 25 that delegates from a majority of the 
procedure States were present. On this date an organization 
was effected by unanimously choosing George Washington as 
president, and William Jackson, secretary. It was decided 
that the convention should sit behind closed doors, and 
that all of its proceedings should be kept secret. As in 
the Confederation Congress, each State was to have one 
vote; and seven States were to constitute a quorum. 

274 . The Contest over Nationalism. The business of the 

* In all, sixty-two delegates had been appointed. 


THE FORMATION OF THE CONSTITUTION 217 


convention commenced on May 29, when Edmund Ran¬ 
dolph presented the so-called “Virginia plan” Thevir- 
drafted by James Madison — the plan of gov- 
ernment which was destined to form the basis of the con¬ 
stitution. The fundamental feature of this plan was, that 
it aimed to create a national government, consisting of 
legislative, executive, and judicial departments; and this 
government was to operate directly upon individuals, in¬ 
stead of upon the several States. Representation in both 
branches of the national legislature was to be proportioned 
either to the quotas of contributions by each State, or to 
the number of free inhabitants. The national legislative 
power was to extend to all matters concerning which the 
commonwealths separately were incompetent to legislate; 
that is, where individual State legislation would be incon¬ 
sistent with the public good. Furthermore, the national 
legislature was to have the important power of vetoing 
any State laws contravening the national constitution, or 
any treaty made by the national government. Thus the Vir¬ 
ginia plan contemplated the abandonment of the Articles 
of Confederation, and the establishment of a vigorous and 
efficient national government. 

Many members, especially the delegates from the smaller 
commonwealths, were opposed to the estabhshment of 
such a government. They wished only to revise New Jersey 
the Articles of Confederation, leaving the States 
sovereign as before in most practical concerns. They pro¬ 
posed to give Congress additional powers over commerce 
and revenue, and to establish a federal executive and a 
system of national courts; but they desired to reserve to 
the States all other powers not expressly delegated. The 
views of these delegates were embodied in resolutions 
submitted to the convention by William Paterson of New 
Jersey, and known as the New Jersey plan.^ 


* Two other plana were presented to the convention — one drawn by Charles Pinckney, 
the other by Alexander Hamilton. 


218 


GOVERNMENT AND POLITICS 


275 . The Great Compromise. In the debates that en¬ 
sued, the question which aroused earnest and at times bit- 
Proportionai discussion was that of representation accord- 
representa- ing to population in both branches of the national 

legislature. Small commonwealths like Connecti¬ 
cut and New Jersey feared that proportional representa¬ 
tion would mean that the national government would be 
dominated by the large States. On the other hand, dele- / 
gates from the large commonwealths claimed that population / 
was the only just basis for representation, and that it was 
unfair for the forty thousand people of Delaware to have 
the same voice in the national council as the half-million 
people of Virginia. This dispute marked the most critical 
period in the proceedings, and for a time it seemed that 
the convention was on the point of being dissolved. The 
crisis was finally averted by a compromise introduced 
by Sherman of Connecticut providing that representation , 
in the lower house should be proportioned to population, 
and that this branch should have the exclusive right to 
originate revenue bills; while in the upper house the States 
were to be equally represented. To this the large States 
reluctantly agreed, and the first great compromise of the 
constitution was effected. Assured of an equal voice in 
the upper house of the legislature, the small States were no 
longer opposed to the establishment of a strong national 
government; and from this point on the proceedings were 
more harmonious. 

276 . The Three-Fifths Compromise. Another import¬ 

ant compromise was over the question of representation 
The basis of lower house; here the line of division was 

representa- between the slaveholding and the non-slavehold¬ 
ing States. A considerable part of the population 

of the Southern States consisted of slaves, and the delegates 
from these commonwealths insisted that slaves should be 
counted in apportioning their quotas of Representatives; 
while the Northern delegates insisted that if the slaves 


THE FORMATION OF THE CONSTITUTION 219 


were property, they could not be counted as persons. It 
had already been decided that direct taxes were to be ap¬ 
portioned upon the same basis as Representatives; and this 
dispute was finally compromised by the adoption of the 
three-fifths rule,^ according to which five slaves were to 
be counted as the equivalent of three white persons for the 
purpose of apportioning both Representatives and direct 
taxes. This compromise proved in the outcome a distinct 
advantage to the South; for direct taxes were levied only 
five times prior to the Civil War, while during this entire 
period the South by virtue of its slave population had the 
benefit of a largely increased representation in Congress. 

277 . Navigation Acts and the Slave Trade. A third 
compromise also had its basis in the difference between 
the occupations and domestic institutions of the Commercial 
North and the South. Commerce and shipbuild- 
ing were the chief industries of New England; interests 
while at the South, agriculture carried on by slave labor 
was practically the sole occupation. The commercial States 
desired regulation of commerce by the national government 
in order that American commerce and shipping might be 
protected from foreign discrimination; but certain slave¬ 
holding States — especially South Carolina — feared that 
unless a two-thirds vote was required to pass laws relating 
to commerce, the national government might tax or even 
entirely prohibit the slave trade. The South also feared 
that Congress might tax exports, thus laying a heavy bur¬ 
den upon its agriculture staples. The problem was finally 
solved by vesting in Congress power to regulate commerce 
by a majority vote, but forbidding the enactment of any 
law prohibiting the importation of slaves prior to 1808 (al¬ 
though a per capita tax of ten dollars might be levied upon 
each slave imported).^ The taxation of exports by the 
States or by Congress was absolutely forbidden. 

* The three-fifths ratio had been suggested by the Confederation Congress four years 
before. It had proposed that in apportioning the amount to be paid by the respective States, 
three fifths of the slaves should be counted. 

* As part of this arrangement it was agreed that slaves escaping from one State to 
another should be returned to their owners. 


220 


GOVERNMENT AND POLITICS 


278 . Other Compromises and Modifications. Many other 
adjustments were found necessary in order to settle con- 
Eiection dieting views among the delegates, so that it may 
and term of indeed be said that the constitution is made up of 
President ^ series of compromises. By one of these the elec¬ 
tion of the President was entrusted to the electoral college, 
and by another the presidential term was fixed at four years 
instead of seven. The resolutions offered by Randolph 
formed the framework of the constitution; but with these 
were incorporated six provisions from the New Jersey 
plan, together with perhaps twenty suggestions emanating 
from Pinckney. 

One modification of the original Virginia plan is espe¬ 
cially important, namely, the rejection of the proposal to 
Oonstitution confer upon the general government the right to 
damwtaS^' negative State laws. In its place was substituted 
a clause from the New Jersey plan declaring the 
national constitution, laws, and treaties to be the supreme 
law of the land, binding upon the judges in every State, 
“anything in the constitution or laws of any State to the 
contrary notwithstanding.” ^ This provision lessened the 
danger of a clash between federal and State governments; 
for the decision in case of a confiict of laws is made a judi¬ 
cial, rather than a political question. Since the federal 
constitution is the fundamental law of the land, all other 
laws must conform thereto; and the constitution, like other 
laws, is enforceable in the courts. The federal judiciary 
has jurisdiction over all cases arising under the federal 
constitution, laws, and treaties; and therefore has the final 
decision on all questions of constitutional interpretation. 
No other single provision of the constitution has worked 
more successfully in practice, or received more praise from 
foreign critics. This clause has made our government es¬ 
sentially one of law, rather than a government of men — 
thus ending the struggle commenced by the English barons 
against King John at Runnymede. 

* ConstitxUion, Art. vi, Par. 2. 


THE FORMATION OF THE CONSTITUTION 221 

279 . Sources of the Constitution. The federal constitu¬ 
tion has been characterized by a great British statesman ‘ 
as “the most wonderful work ever struck off at Anadapta- 
a given time by the brain and purpose of man”; icSexperi-' 
and for many years the generally accepted theory 

was, that a great part of our constitution was invented by 
the convention of 1787. Historical research has since 
shown that nearly every provision of the federal consti¬ 
tution had its origin in British or colonial precedents. 
The great achievement of the federal convention was in 
its skillful adaptation of former political experience to 
existing conditions. The British constitution, and still 
more, the colonial charters and State constitutions, furn¬ 
ished precedents of the highest value. By carefully work¬ 
ing over the materials of old forms, rejecting that which 
had been tried and found wanting, moulding together 
familiar features that had proven valuable, a constitution 
was framed which is essentially a work of adaptation, en¬ 
largement, and emphasis, rather than one of creation. 
This very fact is the greatest tribute to the far-sighted crafts¬ 
men of the federal convention; for if the new instrument 
of government had not been deeply rooted in the political 
experience of the race, it would not have outlived the con¬ 
stitutions of so many European states, surviving the po¬ 
litical and economic changes of more than a century, and 
meeting the supreme tests of foreign invasion and of civil 
war. 

280 . Completion of the Convention’s Work. On Sep¬ 
tember 8 , the provisions of the constitution already agreed 
upon were sent to a committee of revision. A 
prominent member of this committee was Gou- 
verneur Morris, to whose pen is due the lucid style and 
orderly arrangement of the instrument. Four days later 
the constitution came back for final consideration and re¬ 
vision, and after a few minor changes it was completed 

» Gladstone, in North American Review, cxxvii, p. 185. 


222 


GOVERNMENT AND POLITICS 


September 17 , 1787 . Several delegates had meanwhile 
left the convention, and only forty-two of the fifty-five 
members were present. Of these, thirty-nine signed the 
constitution, and Washington as president of the conven¬ 
tion was authorized to transmit the document to the Con¬ 
gress of the Confederation, with the recommendation that 
the question of its adoption be submitted to conventions 
of delegates chosen by the people of the several States. 
Thereupon the convention adjourned, and the great ques¬ 
tion of ratification was before the people for decision. 

281. Ratification. Immediately upon publication of the new 
constitution, the contest over ratification commenced. In the 
Opposition tbe opposition were some of the greatest names 

of the Revolutionary period. In Virginia the opposi¬ 
tion was led by Patrick Henry, who feared that the constitution 
would lead to the annihilation of the States, and the destruction 
of the liberties of the people; and he was ably supported by 
Richard Henry Lee, George Mason, and James Monroe. In New 
York, the new plan of government was bitterly opposed by George 
Clinton, then governor of the State, and also by Robert Yates 
and John Lansing, delegates who had left the Constitutional 
Convention when the vote was announced committing that body 
to a new constitution. Among the opponents of the constitution 
were many who conscientiously believed that its provisions 
threatened the welfare and even the existence of the States; as 
well as a considerable number of politicians who feared that their 
influence would be diminished by the establishment of a new fed¬ 
eral government. Also arrayed against the constitution was a 
considerable class opposed to the establishment of any govern¬ 
ment with power to protect property, to enforce the discharge 
of public and private debts, and to prevent further issues of dis¬ 
honest paper money. 

The Federalists, as the supporters of the new constitution 
styled themselves, included the great majority of the professional 
Supporters classes, as well as the property-holders, merchants, and 
olthe conservatives, who welcomed the prospect of a strong 

constitution national government. In Virginia the prominent sup¬ 
porters of the constitution were James Madison and Edmund 
Randolph, aided by John Marshall, later the greatest chief just¬ 
ice in our history; and the potent influence of Washington was 


THE FORMATION OF THE CONSTITUTION 223 

also exerted in its behalf. In New York the foremost Federalist 
was Alexander Hamilton, ably seconded by John Jay. 

The press of the day abounded in publications designed to in¬ 
fluence public opinion favorably or otherwise concerning the new 
constitution. The most noteworthy of these publica¬ 
tions consists of a collection of essays which are now pifflerallst 
published under the title of “The Federalist.” These 
essays, eighty-five in number, were designed especially to gain sup¬ 
porters to the new constitution in the close State of New York. 
They were written by Madison, Hamilton, and Jay, and published 
in a New York newspaper under the common signature of “Pub¬ 
lius.” Even at this day “The Federalist” remains the greatest 
commentary upon the constitution ever written.^ 

The most important of the anti-federalist publications were 
styled “ Letters of a Federal Farmer,” the authorship of which is 
ascribed to Richard Henry Lee of Virginia. 

The Delaware convention was the first to accept the new con¬ 
stitution, and its ratification was prompt and unanimous (Dec. 6, 
1787). In Pennsylvania the influence of Wilson and Action 
Franklin secured ratification by a vote of forty-six to of State 
twenty-three. New Jersey, Georgia, and Connecticut conventions 
followed. Massachusetts, after a sharp struggle, ratified by a vote 
of one hundred and eighty-seven to one hundred and sixty-eight. 
Maryland and South Carolina followed, increasing the number 
of ratifications to eight; so that if one more State could be ob¬ 
tained, the constitution would take effect among the nine thus 
ratifying. While a protracted contest was being waged in the New 
York and Virginia conventions. New Hampshire ratified, and the 
fate of the constitution was no longer in doubt. Virginia next 
ratified by a plurality of ten. In New York, ratification was fin¬ 
ally wrested from a hostile convention by the splendid leadership 
of Hamilton; and by a vote of thirty to twenty-seven. New York 
accepted the constitution (July, 1788). 

The first North Carolina convention by a close vote refused 
either to ratify or reject the constitution; and this State did 
not come into the Union until November, 1789, after 
the new government had been some months in opera- iina and 
tion. Rhode Island did not accept the constitution 
until May, 1790, her ratification being hastened by 
the fact that Congress in fixing duties upon imports treated this 
commonwealth as foreign territory. 

After nine States had ratified, the Congress of the Confedera- 

* Of these essays. Jay wrote five; while Madison was probably the author of twenty-nine, 
and Hamilton of fifty-one. 


224 


GOVERNMENT AND POLITICS 


tion adopted a resolution fixing the first Wednesday in March 
New gov- as the date of the inauguration of the new government, 
ernment In As the first Wednesday was the fourth of March, that 
existence became fixed for the beginning and the end of the 

presidential and congressional terms. The city of New York was 
named as the temporary seat of government. After some delay, 
owing to the fact that a quorum was not present in either branch, 
the two houses assembled on April 6, 1789, for the purpose of 
counting the electoral vote. It was found that Washington was 
the unanimous choice for President, and John Adams with one 
half the electoral votes became Vice-President. On April 30, 
Washington was inaugurated, and the new government was 
fully established. 


GENERAL REFERENCES 

Bancroft, George, History of the United States (1883-1885), vi, 195-474. 

Beard, C. A., American Government and Politics (1910), ch. in. 

- Readings in American Government and Politics (1910), ch. in. 

Cambridge Modern History (1903), vn, pp. 243-304. 

Curtis, George T., Constitutional History of the United States (1903), i, 
pp. 225-256. 

Elliot, Jonathan, The Debates in the Several State Conventions, on the Adop¬ 
tion of the Federal Constitution (1836-1845), v. 

Farrand, Max, “Compromises of the Constitution,” American Historical 
Review, ix, pp. 479-489. 

Fiske, John, The Critical Period of American History (1888), chs. vi-vn. 

Foster, Roger, Commentaries on the Constitution of the UniM States 0895), 
I, 1-45. 

Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, H. C., 1904). 

Hart, A. B., American History told by Contemporaries (1906), in, chs. 
9-12. 

Holst, Hermann E. von, Constitutional and Political History of the United 
States (1889), i, pp. 47-59. 

Landon, Judson S., The Constitutional History and Government of the 
United States (1905), pp. 65-124. 

McLaughlin, A. C., The Confederation and the Constitution (1905), chs. 
xi-xvni. 

McMaster, John B., History of the People of the United States (1907), i, 
pp. 390-453. 

Robinson, James H., “The Original and Derived Features of the Consti¬ 
tution,” Annals of American Academy of Political and Social Science, 
I, 203-243. 

Schouler, James, History of the United States (1894), i, ch. i. 

Sparks, Edwin E., The United States of America (1904), i, chs. v-vi. 

Stevens, Charles E., Sources of the Constitution of the United States consid¬ 
ered in its Relation to Colonial and English History (1894). 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905), I, secs. 272-305. 



THE FORMATION OF THE CONSTITUTION 225 

Thorpe, Francis N., The Constitutional History of the United States (1901), 
I, 291-595. 

Tucker, John R., The Constitution of the United States (1899), i, 825-337. 
Winsor, Justin, Narrative and Critical History of America (1888), vii, pp. 
226-257. 


QUESTIONS AND EXERCISES 

1. Discuss the reasons which made a new constitution imperative. {The 
Federalist, nos. xv, xvi, xxi, xxii.) 

2. In what respect was it fortunate that the Articles of Confederation 
could not be readily amended? 

3. Discuss the efforts to amend the Articles of Confederation. (Kaye, 
P. L., Readings, pp. 39-44.) 

4. Mention an important public service performed by each of the dele¬ 
gates named in Section 272. 

5. Which were the “small States” at the time of the Constitutional 
Convention? 

6. Compare the New Jersey plan with the Articles of Confederation. 
In what respects was the New Jersey plan an improvement? (Madi¬ 
son, Debates, pp. 163-167.) 

7. Compare the Virginia plan with the federal constitution, noting 
which features of the Virginia plan were adopted and which ones 
eliminated. (Madison, Debates, pp. 59-64.) 

8. Explain how the constitution corrected the chief defects of the gov¬ 
ernment under the Articles of Confederation. 

9. Was the compromise on the subject of representation an equitable one? 

10. Prepare a report upon the several plans proposed in the convention 
for electing the President. 

11. Point out analogies between our constitution and that of Great Britain; 
between the federal constitution and the early State constitutions. 

12. Discuss the work of the Committee on Detail. (Madison, Debates, 
pp. 449-462.) 

13. Prepare a report upon the contest over ratification. (Landon, J. S., 
Constitutional History of the United States, pp. 89-124.) 


CHAPTER XX 


THE AMENDMENT AND DEVELOPMENT OP THE 
CONSTITUTION 

282 . Modification of the Original Constitution. The 
federal constitution as it exists to-day differs little in form 
Amendment, from the instrument framed in 1787; but in reality 
Uon!^?' original constitution has been modified so as 

to keep pace with the great social and industrial 
changes of the last century. This modification has been 
effected in three ways: ( 1 ) by amendment, in accordance 
with the method providedjn the instrument itself; ( 2 ) by 
interpretation, that is, the construction placed upon its 
terms by the three departments of government, especially 
the judiciary; (3) by the development of a body of political 
usages and customs,^ which, although not in conflict with 
its terms, materially modify its spirit and workings. 

283 . Process of Constitutional Amendment. Of these 
three ways of modifying the constitution, that by amend- 
Proposai nient is the most direct and effective, but also the 
andrau- most diflficult of application. Article V of the 

constitution provides two methods by which 
amendments may be proposed: first, by a vote of two 
thirds of each house of Congress; ^ or second, by a con¬ 
vention called by Congress on application of the legis¬ 
latures of two thirds of the States. Amendments proposed 
by either method must be ratified by three fourths of the 
States. This ratification may be made either by the State 
legislatures, or by special State conventions, according 
as Congress proposes the one or the other mode of rati¬ 
fication. 

* Sometimes called the “conventions” of the constitution. 

• The President’s approval is not necessary to a proposed constitutional amendment, j 


DEVELOPMENT OF THE CONSTITUTION 227 

Thus far fifteen amendments have been made to the 
constitution, all of which have been proposed by Congress 
and ratified by the State legislatures. No federal 
convention has ever been held for the purpose of amendments 
proposing amendments, nor has Congress ever 
chosen the method of ratification by State conventions. 
These fifteen amendments were adopted at four different 
periods, and hence may be classified into four groups, ac¬ 
cording to the time of adoption. 

284 . The Bill of Rights. The first group includes ten 
amendments, constituting the so-called “bill of rights.” 
In the contest over the ratification of the consti- purpose 
tution, one of the objections most frequently 

heard was the lack of a bill of rights. Seven States when 
ratifying proposed the adoption of amendments which 
should guarantee the personal rights and liberties of the 
individual, as well as the rights of the States, against fed¬ 
eral oppression. Accordingly, at its first session in 1789, 
Congress prepared and submitted to the States twelve 
amendments placing express limitations upon the powers 
of the federal government. Ten of these were ratified by 
the requisite number of States during the next two years, 
thereby [becoming a part of the constitution (1791). Of 
these amendments the first eight are designed to guarantee 
to individuals certain fundamental civil rights concerning 
which the constitution itself makes no provision. The 
ninth and tenth amendments confirm the principle that 
the government of the United States is one of enumerated 
powers, those powers not conferred by the constitution 
being reserved to the States or to the people. 

285 . The Eleventh Amendment. The eleventh amend¬ 
ment was adopted in 1798, in consequence of the decision 
of the United States Supreme Court ^ that a Federal 
State like an individual was liable to be sued in 

a federal court by a citizen of another State or of a foreign 

^ Chisholm r. Georgia, 2 Dali. 419. 


228 


GOVERNMENT AND POLITICS 


country. The eleventh amendment reversed this con¬ 
struction by providing that the federal judicial power should 
not be construed to extend to any suit against a State by 
citizens of another State or foreign country. 

286 . The Twelfth Amendment. The twelfth amend¬ 
ment introduced a change in the method of electing the 
Pxesiflentiai President and Vice-President, and was adopted in 
elections consequence of the election of 1800. The original 
section of the constitution provided that electors were to 
cast their ballots for two persons without specifying which 
should be President and which Vice-President. The influ¬ 
ence of the party system made it necessary to modify this 
provision, so that the electors could designate explicitly 
their choice for each office; for otherwise a tie vote might 
result. Accordingly the twelfth amendment, adopted in 
1804, provided that the electors should cast separate bal¬ 
lots for each officer. 

287 . Amendments during the Reconstruction Period. 

The fourth group or reconstruction amendments include 
Slavery thirteenth, fourteenth, and fifteenth amend- 

citizenship, ments, adopted in 1865, 1868, and 1870, respect- 
and suffrage ^ijvere added to the constitution in 

consequence of the Civil War. The thirteenth amendment 
abolished slavery throughout the United States and all 
places subject to its jurisdiction. The fourteenth defines 
citizenship, and seeks to prevent the States from discrim¬ 
inating against certain classes of citizens. The fifteenth 
declares that the rights of citizens of the United States to 
vote shall not be denied or abridged on account of race, 
color, or previous condition of servitude. 

288 . Constitutional Changes through Interpretation. 
The constitution has also been modified and expanded 
Influence of through interpretation, especially through the 
Judiciary construction placed upon its terms by the United 
States Supreme Court. The importance of this tribunal in 
the development of the federal constitution can hardly be 


DEVELOPMENT OF THE CONSTITUTION 229 


overestimated. “The constitution speaks of the age in 
which it was written, more than a century ago. The court 
expounds it in the language of its own age, holding fast to 
the old words and powers, but expanding them to keep pace 
with the expansion of our country, our people, our enter¬ 
prises, industries, and civilization. Great controversies arise 
over questions and conditions impossible for the framers 
of the constitution to have anticipated. What would they 
have thought, if one had asked them whether a State law 
regulating the transmission or taxation of telegraphic mes¬ 
sages would be unconstitutional, because encroaching upon 
the power of Congress to regulate commerce among the 
States? Plainly, a constitution made a century ago might 
well be expected to prove inadequate to the wants of the 
ever increasing population of the United States. That such 
is not the case is remarkable evidence of its wisdom, and 
also of the wisdom of its exposition.” ^ 

289. The Doctrine of Implied Powers. In the inter¬ 
pretation and expansion of the constitution, the doctrine 
of implied powers has been of the utmost import- Basis of im- 
ance. The Supreme Court has uniformly held 

that the federal government possesses not only the powers 
expressly granted in the constitution, but also those which 
are included within, or necessarily implied from, powers 
expressly granted. In other words, where it appears that 
a power has been granted to the federal government, the 
constitution is to be liberally construed so as to give ef¬ 
fect to the grant.^ This construction is authorized by the 
constitution itself, which declares that Congress shall 
have power to make all laws which shall be “necessary 
and proper” for carrying into execution the powers con¬ 
ferred upon the federal government.^ 

290. Chief Sources of Implied Powers. The doctrine of 
implied powers has been developed chiefly in connection with three 

* Landon, J. S., The Constitutional History and Oocemment of the United States, p. 273. 

* For the rule of construction, see Section 299. 

8 Constitution, Art. i. Sec. 8, Par. 18. 


230 


GOVERNMENT AND POLITICS 


express powers: the taxing and borrowing power, the power to 
Taxing and regulate foreign and interstate commerce, and the war 
borrowing power. The Supreme Court has held that under the tax- 
powers jjjg borrowing power. Congress may charter a 
federal bank and exempt its notes from State taxation; or create 
a system of national banks, and levy a prohibitive tax upon the 
issues of State banks; or issue paper money and make it a legal 
tender for all debts; or establish a tariff system not only as a 
means of obtaining revenue, but for the purpose of protecting 
domestic industries against foreign competition. 

Similarly, the power to regulate commerce has been held to 
authorize legislation concerning navigation, pilotage, and mari¬ 
time contracts; regulating the transportation of goods 
and passengers between the States of the Union, or be¬ 
tween the United States and foreign countries; restrict¬ 
ing or prohibiting immigration; establishing an Interstate Com¬ 
merce Commission with large powers of control over interstate 
traffic; and providing for the construction of public works in aid 
of commerce. 

The war power has proven one of the most elastic of constitu¬ 
tional powers. The embargo declared by Congress during Jef¬ 
ferson’s administration (although never passed upon by 
the Supreme Court) was probably justifiable as a war 
measure. Further, under the war power, territory may 
be acquired and governed in accordance with the laws of Congress, 
as in case of the territory ceded at the close of the Mexican and 
Spanish-American wars.^ The most striking illustration of the 
scope of the war power was during our great Civil War, when 
President Lincoln exercised almost despotic powers with the 
sanction of Congress and the nation. 


Tbe war 
power 


291 . Constitutional Changes through Usage. Our con¬ 
stitution has also been largely developed and modified by 
Influence usage, that is, by long-continued customs, rules, 
of usage political practices, which have sprung up in 

connection with the constitution. These usages or customs 
are not laws, since they are not recognized or enforced 
by the courts; but they have almost the force of law, and 
often materially modify the spirit and workings of the 
written constitution. 

* Territory may also be acquired under the treaty-making power; e. g., the purchase 
of Louisiana, the Gadsden purchase, and the purchase of Alaska. 


DEVELOPMENT OF THE CONSTITUTION 231 


292 . Influence of Usage upon the Executive. One of 

the most important of these usages or understandings has 
entirely changed the position of the presidential presidenUai 
electors. The framers of the constitution in- 
tended that the electors should exercise a wise discretion 
in choosing the chief executive. In the first two presidential 
elections this intention was realized; but since 1800 it has 
been clearly understood that the electors shall not exer¬ 
cise independent judgment, but shall merely ratify the 
choice of the political party to which they belong. No law 
prevents an elector from voting contrary to the wishes of 
those who elect him, but such an act would be deemed a 
most serious breach of public trust. In this way the electoral 
system as originally planned has been entirely superseded 
by a usage or understanding requiring electors merely to 
register the vote of their party. 

Another unwritten rule having almost equal weight is that 
limiting the reeligibility of the President. The constitution places 
no restriction whatever on his reeligibility, and “ The Resiigii)ll- 
Federalist”^ declared that the President would and ity of Pre- 
ought to be elected as often as the people deemed him 
worthy of confidence. Washington declined a third term, partly 
on the ground that unlimited reeligibility is not in harmony with 
republican institutions. The example thus set was followed by 
Jefferson, and public opinion has indorsed the precedent so strongly 
that it is now unwritten law that a President may not serve more 
than two terms. 

The President’s power of appointment has likewise been largely 
modified through certain usages. In the case of important appoint¬ 
ments,^ the President is generally obliged by custom 
to confer with the Senators and Representatives from appointment 
the State where the appointee lives. In other words. 

Senators (if of the same political party as the President) claim 
the right to control the federal patronage of their respective States. 
The written constitution vests the appointing power in the Pre¬ 
sident; but the unwritten rule of political practice has transferred 
a large part of this power to the Senate. 

Another important constitutional understanding is that with 

> The Federalist, no. lxviii. 

* Except cabinet appointments, which are generally confirmed as a matter of course, j. 


232 


GOVERNMENT AND POLITICS 


The cabinet 


reference to the President’s power of removal. The constitution 
makes no provision for removals except through the 
remtwal* process of impeachment; and the question early arose 
whether the consent of the Senate was necessary to the 
removal of officers appointed with the consent of that body. The 
First Congress adopted the view that the power of removal belongs 
to the President alone, and this is now the settled rule upon this 
subject. 

Usage has likewise created the President’s cabinet, an institu¬ 
tion unknown to the written constitution.^ Custom alone has 
determined that in addition to their duties as admin¬ 
istrative officials, the heads of the various executive 
departments shall meet with the President as an advisory board, 
popularly known as the cabinet. 

293 . Usages affecting Congress. Congress, as well as the 
federal executive, has been affected by important usages. 
The commit- Foremost among these is the committee system 
tee system legislation, which prevails in both branches of 
Congress. The committee system is entirely an outgrowth 
of custom, with no basis whatever in the written constitu¬ 
tion; but it affects profoundly the character and work of 
the federal lawmaking body. 

The great political power of the Speaker of the House 
of Representatives is likewise due solely to usage. The con¬ 
stitution contemplates merely a presiding officer or moder- 
TheSpeaker President of the Senate; but political 

practice has decreed that the Speaker, through his 
power to appoint committees and to control debate, shall 
wield more influence in government than any other man 
except the President. 

An almost unvarying custom has added an additional 
Residence oi qualification to those prescribed by the constitu- 
Representa- tion for Representative. This is the unwritten 
rule requiring residence within the district 
which he represents, as well as residence within the State. 

*■ The only reference to this subject is the clause providing that “the President may 
require the opinion in writing of the principal officer in each of the executive departments 
upon any subject relating to the duties of their respective offices.” — Constitution, Art. ii. 
Sec. 2, Par. 1. 


DEVELOPMENT OF THE CONSTITUTION 23S" 


294 . Constitutional Modifications through the Party 
System. The development of the constitution has been 
profoundly affected by our system of political Party 
parties. Although parties have grown up inde- 
pendently of the constitution and are nowhere contem¬ 
plated by its provisions, it is through the party system that 
the machinery of government is carried on. Thus through 
the agency of parties the Presidency has been made a re¬ 
presentative institution, the candidates for that office being 
chosen in party conventions, and voted for by electors 
who merely register the choice of the voters. The influ¬ 
ence of the party system has also contributed largely to 
the importance of the Speakership; and partisan motives 
determine the composition of congressional committees, 
and profoundly affect legislation. Managing committees, 
local. State, and national, the party convention and the 
party caucus — in short, all the machinery of the party 
system — have long been fully established as part of the 
unwritten constitution. These and other usages form an 
integral part of our constitutional system; so that it may 
indeed be said that the written constitution provides only 
the skeleton of government, which custom and usage have 
transformed into a living organism. 


GENERAL REFERENCES 

Ames, H. V., “Amendments to the Constitution” (1891), American HU- 
torical Association Papers, v, 253-263. 

Ashley, R. L., American Government (1903), ch. xrx. 

Beard, C. A., American Government and Politics (1910), ch. iv. 

-- Readings in American Government and Politics (1910), ch. iv. 

Black, H. C., Handbook of American Constitutional Law (1897), pp. 41-45. 
Borgeaud, C., Adoption and Amendment of Constitutions (1895), pts. i, iii. 
Bryce, James, The American Commonwealth (1907), i, chs. xxxi-xxxv. 
Burgess, John W., Political Science and Comparative Constitutional Law 
(1902), I, pp. 142-154, 184-252. 

Cooley, Thomas M., Constitutional Law (1898), ch. xii. 

Hamilton, Alexander, “Opinion on the Constitutionality of a National 
Bank” (Macdonald’s Select Documents, ii, pp. 81-98). 

Hinsdale, B. A., American Government (1900), xlvii-xlviii. 

Lalor, J. J., Cyclopedia, articles on “Amendment, Constitution” (U. S.). 



234 


GOVERNMENT AND POLITICS 


Landon, J. S., The Constitutional History and Government of the United 
States (1905), ch. xv. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. xv. 
Schouler, James, Constitutional Studies (1904), pp. 190-203. 

Story, Joseph, Commentaries on the Constitution (5th ed. 1905), secs. 
1857-1909, 1915-1974. 

Tiedemann, C. G., The Unwritten Constitution of the United States (1890). 
Tucker, John R., The Constitution of the United States (1899), ii, ch. xi. 
Woodbum, J. A., The American Republic and its Government (1908), pp. 
86-93, 122, 274, 391. 


QUESTIONS AND EXERCISES 

1. Mention some of the principal constitutional amendments which have 
been proposed but not ratified. 

2 . What amendment was recently submitted to the States by Congress? 
How many States must ratify this in order that it may become a part 
of the constitution. 

3. Is the process of amending the federal constitution too difficult? 
Give your reasons. 

4. Contrast the process of amending our constitution with the method 
of amending the British constitution. 

6 . Compare the first eight amendments to the federal constitution with 
the bill of rights in your State constitution. 

6 . Why impose express limitations upon the federal government if it 
can exercise only those powers which are expressly granted, or neces¬ 
sarily implied from the grant of express powers? 

7. Prepare a report upon the decision in the case of Chisholm v. Georgia 
(Section 285). 

8 . Give an account of the election of 1800, and explain why the twelfth 
amendment was necessary. 

9. Prepare a report upon the adoption of the thirteenth, fourteenth, and 
fifteenth amendments. 

10 . Discuss the modification of the constitution by interpretation. (Bryce, 
James, The American Commonwealth, i, ch. xxxiii.) 

11 . Discuss the development of the constitution by usage. (Bryce, James, 
The American Commonwealth, i, ch. xxxiv.) 

12 . Prepare a report upon the usages or conventions of the British con¬ 
stitution. (Dicey, A. V., The Law of the Constitution (1902), ch. xiv.) 

13. Suggested readings on constitutional development: Kaye, P. L., 
Readings, pp. 51-73. 


CHAPTER XXI 


RELATIONS OP FEDERAL AND STATE GOVERNMENTS 

295 . The Federal System. The great problem before the 
Constitutional Convention was not only to create a strong 
national government, but so to adjust its relations jjationai 
to the existing State governments as to produce aad state 

a harmonious whole. This was accomplished 
through the adoption of the federal system under which 
two distinct governmental authorities exist, the one na¬ 
tional, the other State. Each of these agencies is intended 
to perform that part of the work of government for which 
it is best adapted, and both rest upon the same ultimate 
authority — that of the people of the United States. It 
was John Dickinson who first compared the federal plan 
to the solar system, pointing out that the national govern¬ 
ment resembled the sun and the States the planets, each 
moving in its respective orbit, a deviation from which 
would imperil the entire system.^ 

296 . General Distribution of Powers. In the division of 
powers between the national and State governments, the 
constitution assigns to the general government principle 
those functions which are essentially national in 
character, while the States are left in control of matters 
which directly concern their people as communities. Since 
it would be impossible to name in the federal constitution 
all the powers of both governmental agencies, only those 
of the national government are enumerated, all others — 
except those specifically prohibited — being left to the 
State governments or reserved to the people. 

> Madison’s Papers, Elliot’s Debates (2d ed.), v, 168. 


236 


GOVERNMENT AND POLITICS 


Accordingly the powers of government under our con¬ 
stitution may be grouped into five classes: — 

(a) Those vested exclusively in the national government. 

(b) Those reserved exclusively to the States. 

(c) Those powers (generally called concurrent) which 
may be exercised by either the national or State govern¬ 
ments. 

(d) Powers denied to the national government. 

(e) Powers denied to the State governments. 



The ellipse represents the sum total 
of governmental powers. Circle a repre¬ 
sents powers delegated to the national 
government; circle h, powers reserved to 
the States ; segment o, concurrent powers; 
segment d, powers prohibited to the na¬ 
tional government; segment e, powers 
prohibited to the States. — Adapted 
from Tiedemann, C. G., The Unwritten 
Constitution of the United States. 


DISTRIBUTION OF GOVERNMENTAL POWERS 

297 . Powers of the National Government. To the na¬ 
tional government is entrusted control of foreign relations 
in general, including the making of war and peace; main¬ 
tenance of an army and navy; regulation of foreign and inter¬ 
state commerce; control of territories, naturalization, and 
bankruptcy; of coinage, currency, weights and measures; 
of post offices, post roads, copyrights and patents; the 
establishment of federal courts; the punishment of offenses 
against federal law; the protection of citizens against un¬ 
lawful or discriminating legislation by any State; and the 
right to borrow money and to tax for national purposes. 

In exercising these powers, the authority of the national 
government is direct and immediate, operating not through 
Direct the agency of the States but directly upon indi- 

autiiority viduals. Thus the national government does not 
call on the States for funds, but levies its own taxes. Nor 


THE FEDERAL SYSTEM 


237 


does it rely on the States to execute its commands; for the 
decrees of the national courts are executed by federal 
marshals, and in case of need the whole military power of the 
Union may be employed against persons who resist its laws. 

298 . Classification of Federal Powers. The powers of 
the national government are sometimes classified as express 

and implied. Express powers include those ex- „ 

, , . , . . . Express and 

pressly enumerated in the constitution; while implied 

implied powers are those which by reasonable 
implication are included in, or result from, those expressly 
granted. Implied powers have the direct sanction of the 
constitution, which declares that Congress shall have power 
to make all laws which shall be necessary and proper for 
carrying into execution the powers vested in the national 
government.^ 

299 . Interpretation of Federal Powers. Since the na¬ 
tional government possesses only those powers expressly 
or impliedly granted by the federal constitution, Rtuo of 

it follows that all doubts as to the existence of ®o“structioa 
any power must be settled by reference to the terms of that 
instrument. In determining what acts are necessary and 
proper in the exercise of enumerated powers, a liberal 
interpretation has been applied by the United States Su¬ 
preme Court, the final arbiter upon constitutional ques¬ 
tions. “ Let the end be legitimate, let it be within the scope 
of the constitution, and all means which are appropriate, 
which are plainly adapted to that end, which are not pro¬ 
hibited, but consist with the letter and spirit of the consti¬ 
tution, are constitutional.” ^ 

Although the federal government is one of limited rather 
than of general powers, yet in the exercise of 
the powers granted it is supreme, and any con- of federal 
flict between federal and State authority must be 
settled upon this principle. The language of the constitution 

> Constitution, Art. i. Sec. 8, Par. 18. 

* Chief Justice Marshall in McCulloch v. Maryland, 4 Wheaton. 316. 


238 


GOVERNMENT AND POLITICS 


is clear and unequivocal in pointing out the supremacy of 
federal law: “This constitution, and the laws of the 
United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme law 
of the land; and the judges in every State shall be bound 
thereby, anything in the constitution or laws of any State 
to the contrary notwithstanding.” ^ 

In order that the supremacy of the federal government 
may be maintained without danger of encroachment on 
Final arbiter the part of the States, the final interpretation as 
tionai vies- powers rests with the federal courts. While 

tions State courts may be called upon to construe the 

federal constitution as a part of the written law, the final 
decision in such cases is for the Supreme Court of the 
United States; and the interpretation of this court when 
rendered becomes a part of the supreme law, binding upon 
all other courts, and upon all individuals throughout the 
Union. 

300 . Powers of State Governments. In contrast with 
the federal government, the State government is one of 
General general powers. In determining whether a power 
nature oi is rightfully exercised by a State, the question is 
not whether the power is granted, but rather 
whether it is withheld. In other words, the States possess 
all powers of government except those which their own 
constitutions, or the federal constitution, explicitly or by 
plain inference withhold. They are the ordinary govern¬ 
ments of the country, the federal government being its 
instrument only for particular purposes. 


* Article vi, Paragraph 2. — In expounding this provision it has been said: “If any 
one proposition could command the universal assent of mankind, we might expect it would 
be this: that the government of the Union, though limited in its powers, is supreme within 
its sphere of action. This would seem to result necessarily from its nature. It is a gov¬ 
ernment of all; its powers are delegated by all; it represents all; and acts for all. Though 
any one State may be willing to control its operations, no State is willing to allow others 
to control it. The nation, on those subjects on which it can act, must necessarily bind its 
component parts.” — Marshall, Chief Justice, in McCulloch v. Maryland, 4 Wheaton 
316, 405. 


THE FEDERAL SYSTEM 


239 


Thus the States have a large field of governmental action, 
important not only from the variety of subjects included, 
but also because of the direct relation of these classes 
powers to the individual. Practically the entire 
body of criminal and private law is regulated by the States, 
including laws against crime, and those regulating the per¬ 
sonal and property rights of individuals. The States also 
have complete charge of local government, of education, 
and of the elective franchise. They create and regulate 
corporations, supervise domestic commerce, make legal 
regulations concerning capital and labor, exercise the far- 
reaching police power, care for the weak and dependent 
classes, regulate marriage and divorce, maintain militias, 
establish systems of courts, borrow money, and levy taxes. 

301 . Concurrent Powers. Most of the powers granted 
to Congress are vested exclusively in that body. The power 
vested in Congress is exclusive if it is made so by Exclusive 
the express language of the constitution; or if 

the constitution confers the power upon Congress and pro¬ 
hibits the States from exercising a like authority; or if the 
subject-matter of the power is national in character, and can 
be governed only by a uniform system. 

In a few cases the powers granted to Congress are not 
exclusive, but concurrent. In this field the States may 
pass laws which are valid until Congress sees fit concunent 
to exercise the power with which it is invested, 1 *°'^®” 
whereupon State laws are suspended, either wholly or so 
far as they are inconsistent with federal legislation. Thus 
the States control the subject of weights and measures in 
the absence of congressional action. Similarly, the States 
have passed laws on the subject of bankruptcy during those 
periods of our history when there was no federal bankruptcy 
act. The States may also provide by law for the punish¬ 
ment of counterfeiting, this being an offense against the 
State as well as the nation. 

302 . Prohibitions upon the National Government. The 


240 


GOVERNMENT AND POLITICS 


principal limitations imposed on the federal government 
General are set forth in Article i, Section 9, of the federal 
nature constitution, and in the first ten amendments. 
Most of these restrictions are designed either to protect 
individual liberty, or else to safeguard the States against 
discriminating legislation on the part of the federal govern¬ 
ment. 

303. Restrictions designed to protect Individual Liberty. 

Among the important limitations for the protection of the 
individual are the following: — 

(1) The privilege of the writ of habeas corpus may not be sus¬ 
pended unless in case of rebellion or invasion the public safety 
requires.^ 

(2) Congress may not pass a bill of attainder (depriving persons 
of life or property by legislative act), or enact any ex post facto 
law (making criminal an act which was not an offense when 
committed).^ 

(3) Congress may not define treason, since the definition of 
that word is placed in the constitution itself.^ 

(4) No laws may be passed establishing or prohibiting any re¬ 
ligion, or abridging freedom of speech or of the press, or the right 
of the people peaceably to assemble and petition the government 
for a redress of grievances; or infringing upon the right of the 
people to keep and bear arms.^ 

(5) Soldiers may not be quartered in any house in time of 
peace without the consent of the owner; and security of the dwell¬ 
ing-house is further assured by prohibiting unreasonable searches 
and seizures, and restricting the method of issuing search-war¬ 
rants.® 

(6) No person may be tried for a capital or otherwise infamous 
crime unless on a presentment or indictment of a grand jury; oi* 
be subject for the same offense to be twice put in jeopardy of life 
or limb; or be compelled in any criminal case to be a witness 
against himself; or be tried otherwise than by an impartial jurj'* 
of his State and district, with the right to be informed of thei 
nature and cause of the accusation, to be confronted with the wit¬ 
nesses against him, to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of counsel for 
his defense.® 


» Constitution, Art. i. Sec. 9, Par. 2. 

* Ibid., Art. i. Sec. 9, Par. 3. 

• Ibid., Art. iii, Sec. 3, Par. 1. 


* Ibid., Amendments i and ii. 

^ Ibid., Amendments in and rv. 
® Ibid., Amendments v and vi. 


THE FEDERAL SYSTEM 241 


(7) Excessive bail may not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted.^ 

(8) No one may be deprived of life, liberty, or property with¬ 
out due process of law, nor may private property be taken for 
public use without just compensation.^ 

(9) The right of trial by jury must be preserved in all common- 
law actions where the value in controversy exceeds twenty dollars; 
and no action determined by a jury may be reexamined other¬ 
wise than according to the rules of the common law.^ 

(10) Slavery and involuntary servitude (except fis a punish¬ 
ment for crime) is prohibited within the United States, and all 
places subject to its jurisdiction.^ 

(11) The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people.® 

(12) The powers not delegated to the United States by the 
constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people.® 

304. Other Limitations upon the Federal Government. 
Most of the remaining limitations are designed to protect the 
States against discriminating legislation by the federal uiggyijjj. 
government. Thus no capitation or other direct tax may inating 

be imposed except in proportion to the census.^ No 
duties or taxes may be levied upon exports from any 
State, nor may any commercial regulation give preference to the 
ports of one State over those of another.® Further, all import 
duties and internal revenue taxes must be uniform throughout 
the United States.® 

Finally, no title of nobility may be granted by the United 
States; and no person holding federal office may, with- Titles of 
out the consent of Congress, accept any present, office, nobility 
or title from any king, prince, or foreign state.^® 

305. Express Prohibitions upon State Governments. 
Prohibitions imposed upon the States are contained in Article I, 
Section 10, and in the thirteenth, fourteenth, and fif- protection of 
teenth amendments. Of these limitations the first the national 
class is designed to prevent the States from infringing 

upon the sphere of the national government. Thus no State may: 

(1) Enter into any treaty, alliance, or confederation; or, with- 


* Constitution, Amendment vin. 

* Ibid., Amendment v. 

* Ibid., Amendment vii. 

* Ibid., Amendment xill. 

* Ibid., Amendment ix. 


® Ibid., Amendment x. 

^ Ibid., Art. I, Sec. 9, Par. 4. 

® Ibid., Art. I, Sec. 9, Pars. 5 and 6. 
* Ibid., Art i, Sec. 8, Par. 1. 

Ibid., Art i. Sec. 9, Par. 8, 


242 


GOVERNMENT AND POLITICS 


out the consent of Congress, enter into any agreement or compact 
with another State or with a foreign power. 

( 2 ) Grant letters of marque or reprisal; or, without the con¬ 
sent of Congress, keep troops or ships of war in time of peace; or 
engage in war unless actually invaded, or in such imminent dan¬ 
ger as will not admit of delay. 

( 3 ) Coin money, emit bills of credit, or make anything but 
gold and silver coin a tender in payment of debts. 

( 4 ) Without the consent of Congress, lay any duty of tonnage, 
or lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing inspection laws. 

306 . Second Class of Express Limitations. A second 

Protection of express limitations aims to secure private and 

Individual political rights from encroachment on the part of the 
rights States. Thus no State may: 

( 1 ) Pass any bill of attainder, ex 'post facto law, or law impair¬ 
ing the obligation of contracts. 

(2) Grant any title of nobility. 

( 3 ) Establish or allow slavery or involuntary servitude, except 
as a punishment for crime whereof the party shall have been duly 
convicted.^ 

( 4 ) Make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States.^ 

(5) Deprive any person of life, liberty, or property, without 
due process of law.^ 

( 6 ) Deny to any person within its jurisdiction the equal pro¬ 
tection of the laws.^ 

(7) Assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave.® 

( 8 ) Deny or abridge the right of citizens of the United States to 
vote, on account of race, color, or previous condition of servitude.® 

307 . Implied Limitations upon State Governments. In 

addition to the foregoing express prohibitions, certain other 
Exclusive limitations are implied either from express provisions of 
federal the federal constitution, or from the nature of the rela- 
powers between federal and State governments. Thus in 

some cases the powers granted to Congress are exclusive, either 
because so declared in express terms (as the power to exercise 
exclusive legislation over the seat of government); or because the 


1 Constitution, Amendment xiii. 

* Ibid., Amendment xiv. 

* Ibid., Amendment xiv. 


* Ibid., Amendment xiv. 
® Ibid., Amendment xiv. 

* Ibid.., Amendment xv. 


THE FEDERAL SYSTEM 


243 


subject-matter of the power is national in chai*Sfcter, demanding 
a uniform system, and necessarily precluding any form of State 
action (as the power to establish a uniform system of naturaliza¬ 
tion). 

Similarly, the provisions defining the jurisdiction of the federal 
courts; securing to the citizens of each State all the privileges 
and immunities of citizens in the several States; requir- other 
ing that each State give full faith and credit to the pub- Implied 
lie acts, records, and judicial proceedings of every other 
State; enjoining interstate extradition; guaranteeing to each State 
a republican form of government, — all carry with them an im¬ 
plied prohibition of any State legislation which in any way would 
impair their effectiveness. From the nature of the relation be¬ 
tween the States and the federal government, it follows that there 
is an implied prohibition on the part of the States to place any 
tax upon the instruments or means selected by the federal govern¬ 
ment to carry out its powers. 

308 . Privileges of States in the Union. Foremost among 
the important privileges belonging to States as members 
of the federal Union is that of representation in Ropresenta- 
Congress, in which body each State is entitled to 
two Senators, and a number of Representatives in propor¬ 
tion to its population. Similarly, each State has a right 
to participate in the election of a President by choosing 
electors for that purpose. 

Another important privilege is the guaranty by the 
United States to each State of a republican form of govern¬ 
ment. By republican government is meant one Q^arantyoi 

in which those exercising authority act in a repre- republican 
. . 1 1 • j X 1 government 

sentative capacity, the ultimate power of control 

being vested in the people themselves. Republican govern¬ 
ment in a State might be threatened through invasion by 
some foreign power, and an attempt to establish a govern¬ 
ment under its authority; or by an insurrection having 
for its object the overthrow of the existing government. 
In either case it would be the duty of the federal govern¬ 
ment to interpose, and to protect the people of the State 
by the employment of the military force of the United 
States. 


^44 


GOVERNMENT AND POLITICS 


Each State has the right of territorial integrity — it 
cannot be divided without its consent. Finally, the States 
other have certain important financial privileges. In 
privileges United States has on several occasions 

distributed considerable sums of money among them, as 
well as public lands of immense value; while at the present 
time the federal government makes annual appropriations 
for the support of agricultural stations, and of State agri¬ 
cultural and mechanical colleges. 

309 . Duties of the States in the Union. The privileges 
of the States as members of the Union involve correspond- 
To help ing duties. In the first place, the States are under 
obligation to keep up the forms of the national 
government government by choosing presidential electors, 
electing Senators and Representatives, and fixing the 
franchise which qualifies persons to vote for members of 
the House of Representatives. 

The second and most important duty of the States is to 
remain in the Union. Before the Civil War, those who 
To remain championed the doctrine of State sovereignty 
In the Union that the States were and had always been 

sovereign and independent; and that the Union was a 
voluntary compact from which any State might withdraw 
if it chose. Upon this issue the Civil War was waged, and 
the result of that confiict established forever the principle 
that the Union is not a compact between States, but a per¬ 
manent government established by the people of the 
United States, and alterable only through constitutional 
amendment. In the language of Chief-Justice Chase, “the 
constitution, in all its provisions, looks to an indestruc¬ 
tible Union, composed of indestructible States.” There 
can be no such thing as peaceful secession; once a State 
is in the Union there is “no place for reconsideration, or 
revocation, except through revolution, or through consent 
of the States.” ^ Hence the ordinances of secession adopted 

i Texas v. White, 7 Wall. 700. 


THE FEDERAL SYSTEM 


245 


by the Southern States were absolutely null and void, and 
those States remained legally members of the Union, al¬ 
though the outcome of the Civil War practically reduced 
them to the position of conquered territory. 

Finally, the States have other miscellaneous duties toward 
the Union, many of which have been already mentioned. 
They are to maintain a militia over which the federal 
government has large powers of control; and they are under 
obligation not to enact legislation in conflict with federal 
law. 

310. Interstate Obligations. In addition to their obliga¬ 
tions towards the federal government, the States owe im¬ 
portant duties to each other as equal members of 

the same Union. By a provision of the federal privileges 
constitution the citizens of each State are “en¬ 
titled to all the privileges and immunities of citizens in the 
several States.” ^ The purpose of this provision is to pro¬ 
mote the unity of the American people by preventing dis¬ 
criminations against citizens of other States. This clause 
secures to the citizen of one State the right to travel about 
freely, or to settle or trade within the limits of any other; 
to acquire and hold property in any commonwealth, and to 
be exempt from any higher taxes or other burdens than 
are imposed upon citizens of that State; also to claim the 
protection of any State government, and to have access to 
its courts. 

Political privileges, as the right to vote, to hold oflSce, 
and to serve on juries, are of course not shared, these rights 
being properly reserved by each State for its own political 
citizens. A State may also limit the right to 
practice law to its own citizens, as well as the right to 
share in the use of the common property of the State (for 
example, to fish in the public waters, or to hunt game 
within the State limits). 

311. Public Acts and Judicial Proceedings. The federal 

1 Conttitvtion, Art. iv. Sec. 2, Par. 1. 


246 


GOVERNMENT AND POLITICS 


constitution provides that “full faith and credit shall be given in 
each State to the public acts, records, and judicial pro- proving 
ceedings of every other State.” ^ This does not mean public 
that the laws of any State are binding upon persons out- 
side its limits, but that if it becomes necessary for the courts of 
New York, for example, to determine what are the public statutes 
of Pennsylvania, that fact may be established by introducing in 
evidence the Pennsylvania legislative records. Further, if the case 
in the New York court is one affected by Pennsylvania laws, that 
court will endeavor to give those laws the same effect that they 
would have in the Pennsylvania courts.^ 

A similar rule prevails with respect to judicial proceedings. 
A judgment rendered in one State by a court of competent au¬ 
thority having jurisdiction of the parties and subject- 
matter is conclusive in all other States in an action be- jud^ents 
tween the same parties and involving the same issues. 

312 . Interstate Extradition. Extradition is another inter¬ 
state obligation imposed by the federal constitution. In order 
that fugitive criminals may be duly tried and punished, the con¬ 
stitution provides that “a person charged in any State constltu- 
with treason, felony, or other crime, who shall flee from tlonal 
justice, and be found in another State, shall, on de- 
mand of the executive authority of the State from which he fled, 
be delivered up to be removed to the State having jurisdiction of 
the crime.” ^ 

The usual procedure when a criminal takes refuge in another 
State is to have him arrested and held until the gov- Arrest of 
ernor of the State where the crime was committed sends 
a requisition to the executive of the State where he is found, 
asking his return; whereupon he is turned over to the authorities 
of the State issuing the requisition.^ 

If the requisition is regular, proceeding from the proper au¬ 
thority and accompanied by the necessary papers, it is the duty 
of the governor on whom the requisition is made to sur- jj^ty iq 
render the fugitive. Butthereisnoway by whichhecan honor 
be compelled to perform it, and in practice requisitions r®‘l^^sition3 
are sometimes refused on the ground that the crime charged is 
unknown to the laws of the refuge State, or even because of per¬ 
sonal or political motives on the part of the governor.® 

1 Constitution, Art. iv, Sec. 1, Par. 1. 

2 For example, contracts made in one State, and valid where made, are usually recognized 
as valid when it is sought to enforce them in another State. 

* Constitution, Art. iv. Sec. 2, Par. 2. 

* If the requisition proceedings are illegal, habeas corpus proceedings may be brought 
either in the State or federal courts to inquire into the lawfulness of the prisoner’s detention. 

Kentucky v. Dennison, 24 How. 66. 


THE FEDERAL SYSTEM 


247 


GENERAL REFERENCES 

Ames, H. V., State Documents on Federal Relations (1906). 

Black, H. C., American Constitutional Law (1897), chs. ii, ix-x, xviii-xx. 
Bryce, James, The American Commonwealth (1907), chs. ii, iv, xxvii-xxx. 
Burgess, John W., Political Science and Comparative Constitutional Law 
(1902), pp. 184-252. 

Cooley, Thos. M., Constitutional Law (1898), chs. x, xii-xvi. 

- Constitutional Limitations (1903), ch. ii. 

Hart, A. B., Actual Government (1903), chs. ii, vi. 

Landon, J. S., The Constitutional History and Government of the United 
States (1905), ch. xvii. 

McClain, E., Constitutional Law in the United States (1905), chs. iii, xxx. 
Pomeroy, J. N., Constitutional Law of the United States (1888), part iii, 

chs. I, III. 

Schouler, James, Constitutional Studies (1904), pp. 115-155, 178-184, 
190-202. 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905), secs. 1331-1409, 1804-1831, 1857-1909. 

Tucker, J. R., Constitution of the United States (1899), i, ch. vii; ii, chs. 

XI, XIV. 

Willoughby, W. W., Nature of the State (1896), ch. x. 

Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VII. 

- The State (1906), secs. 1083-1125. 

Woodburn, J. A., The American Republic and its Government (1908), ch. ii. 


QUESTIONS AND EXERCISES 

1. Explain fully how the federal government brings its authority to bear 
directly upon individuals. Contrast this with the condition under 
the Articles of Confederation. 

2 . Prepare a report upon the decision of the Supreme Court in the case 
of McCulloch V. Maryland. (Section 299.) 

3. May a State court declare a national law unconstitutional? 

4. Explain the reason for giving the national government control of 
each of the subjects enumerated in Section 297. 

5 . If the first eight amendments had not been passed, could Congress 
have exercised these powers? Do these prohibitions apply to the States? 
(Section 303.) 

6 . Can a State government levy a tax upon United States bonds? Upon 
the capital invested in national banks? 

7. Mention some of the rights of States which cannot be infringed by the 
federal government. 

8 . May the President suppress an insurrection against State authority 
without the consent of the State? 

9. Enumerate the provisions of the federal constitution which were 
adopted in order to insure interstate comity. 

10. Suggested readings on relations between State and federal governments: 
Kaye, P. L., Reedings, pp. 74-94. 




CHAPTER XXII 


THE SENATE 

313. Congress a Two-House Body. The legislative au¬ 
thority granted by the federal constitution is vested in a 
Advantages Congress consisting of two houses, the Senate 
oitwo and the House of Representatives. In creating 

a Congress of two branches, the framers of the con¬ 
stitution followed the precedent of Great Britain, as well 
as that of nearly all the thirteen State assemblies, wherein 
legislative powers were vested in two separate houses.^ It 
was urged that each house would act as a check upon rash 
and ill-considered legislation on the part of the other, and 
that two houses would be less likely than a single body to 
encroach upon executive and judicial authority. The two- 
house plan thus established now prevails in all of the States 
of the Union, and is likewise a characteristic feature of the 
legislative assemblies of all important countries.^ 

314. Equal Representation of States. As the result of a 

ipjjg great historical compromise adopted by the Con- 

Connectiont stitutional Convention to reconcile the conflicting 

desires of the large and the small States, the com¬ 
monwealths are equally represented in the Senate, each 

^ Only Pennsylvania and Georgia had legislative assemblies consisting of a single house. 
Georgia created two houses in 1789, Pennsylvania in 1790. Vermont also had a one-house 
legislature from 1786 until 1839, 

* Great diversity prevails in the numbers, mode of selection, and powers of the upper 
houses in other countries. The British House of Lords consists of about six hundred hered¬ 
itary peers. The French Senate numbers three hundred members, chosen by indirect elec¬ 
tion for a term of nine years, one third being elected every three years. In Switzerland the 
Council of State consists of forty-four members, two being chosen by each canton in such 
manner and for such term as the canton may see fit. The German Bundesrath consists of 
fifty-eight members who represent the princes of twenty-three States and the people of three 
free cities, in whom the sovereignty of the German Empire resides. The Italian Senate and 
the Austrian Herrenhaus consist of members appointed by the Crown for life. 

In all these countries except Germany, the upper house occupies a subordinate position 
as compared with the popular branch of the legislature, and seldom ventures to reject 
measures upon which the lower house is determined. 


THE SENATE 


249 


electing two members; while in the House representation 
is proportioned to population. Thus the House represents 
the nation as a whole, the national principle; while the 
Senate represents the federal idea, equality of States.^ 
This plan has the advantage of giving a method of choice 
for the Senate different from that of the House, thus 
creating a chamber distinct in character; and it j^flyantages 
also forms a connecting link between the na- anddis- 
tional and State governments. On the other 
hand, it is often urged that it is unjust that States hav¬ 
ing less than one sixth of the population should choose 
a majority of the entire Senate, while more than five sixths 
of the people of the country are represented by a minority 
of that body.2 With the object of preventing any depart¬ 
ure from the original compromise, the constitution pro¬ 
vides that “no State without its consent shall be deprived 
of its equal suffrage in the Senate.’* ® 

315. Election of Senators. The constitution prescribes 
that Senators shall be elected by the legislatures 
of their respective States. The time and manner state legis- 
of this election was left to the individual common¬ 
wealths until 1866, when Congress exercised its authority 
to regulate the election by a uniform federal statute. 

The election occurs on the second Tuesday after the meet¬ 
ing and organization of the State legislature Ejection 
chosen next preceding the expiration of the sen- 
atorial term. In each house of the State legisla¬ 
ture, the members declare their votes viva voce. At noon of 


i However, the members of the Senate vote as individuals and do not cast the vote of the 
State as such; nor are they subject to instruction or recall by the legislatures that elect 
them (although State legislatures sometimes pass resolutions purporting to “instruct” 
their Senators). 

* Ten large States could control the House, but in the Senate they would have only 
twenty votes. However, American politics have never turned upon conflicts between the 
small and the large States. 

* Constitution, Art. v. — It is sometimes said that this is the only provision of the consti¬ 
tution which cannot be changed by amendment. This is incorrect, for the sovereignty of 
the people is unlimited, and they may amend the constitution in this or any other respect, 
or make a new one omitting the principle of equal representation. Hence this guaranty 
merely represents the plighted faith of the framers of the constitution to the small States 
that their equal representation shall not be taken away. 


250 


GOVERNMENT AND POLITICS 


the following day, both houses meet in joint assembly, and 
if it appears from the journals that the same person has 
obtained a majority of all the votes in each house, he is 
thereby elected. If such is not the case, the legislature 
proceeds to vote in joint assembly at least once each day 
until a Senator is chosen. When voting in joint assembly, 
a majority of all persons elected to both houses must be 
present and vote to form a quorum, and a majority of the 
entire number voting is necessary to elect. 

If a vacancy occurs in the Senate, by resignation or otherwise, 
while the legislature of the State concerned is in session, that 
body may elect a Senator on the second Tuesday after 
va^cies receiving notice of the vacancy. If the legislature is not 
in session, the governor of the State may make a tempo¬ 
rary appointment to continue until the legislature assembles, or 
(in case of a prolonged contest in that body) until its adjourn¬ 
ment. In case the legislature adjourns without having been able 
to agree upon a Senator, the seat remains vacant, since the 
Senate has declined to admit as members persons appointed by 
the governor in case an intervening legislature has failed to elect. 

It was believed by the framers of the constitution that election 
of Senators by State legislatures would form a valuable link be- 
Crltlclsm ol tween the State and federal governments; and also that 
Indirect indirect election would be more likely to lead to the 

election choice of distinguished men than would a direct vote of 

the people. But in practice the plan is open to serious criticism. It 
is urged that it intensifies the strife between the national political 
parties in the field of State politics, for each party puts forth un¬ 
usual efforts to secure a majority in the legislature which elects 
a Senator. Hence State interests and policies are subordinated to 
an issue of national politics. Again, after a long and bitter con¬ 
test, it sometimes happens that no candidate is able to secure a 
majority, and a “deadlock” occurs; meantime the State is with¬ 
out its proper representation in the Senate, and the time and at¬ 
tention of its legislature is so taken up that State interests suffer.^ 
Moreover, notorious instances have occurred where unscrupulous 
men have endeavored to secure seats in the Senate by wholesale 
bribery of State legislators, either by money or by a corrupt use 
of patronage. 

1 For example, in the year 1901, senatorial deadlocks existed in the legislatures of Ne¬ 
braska, Montana, Oregon, and Delaware, throughout the greater part of the legislative 
sessions. In Delaware the deadlock continued until adjournment, leaving the State with 
no representative in the Senate. 


THE SENATE 


251 


To obviate these objections, direct election of Senators by pop¬ 
ular vote has frequently been proposed, a change proposed 
which involves the great practical difficulty of amend- constltu- 
ing the constitution. The House of Representatives tional 
has repeatedly passed resolutions to amend the con- 
stitution in this respect, but until the Sixty-first Congress, such 
proposals received slight consideration at the hands of the Senate. 

316. Political Agencies modifying Indirect Election. 
Largely through the agency of political parties, the election of 
Senators is becoming more nearly direct. In many com- Nomination 
monwealths a candidate for the Senatorship is named by conven- 
by each political party in the convention held for the 
nomination of State officers. The successful candidates for the 
legislature are then expected to cast their votes for the individual 
thus nominated. If this custom should become general, it would 
place the virtual election of Senators in the party conventions, 
and the party majority in the legislature would become merely 
a ratifying body, like the Electoral College. This would be a 
valuable substitute for popular election, provided the voters are 
able to control the nomination of delegates through a good primary 
nominating system; otherwise it merely transfers the choice of Sen¬ 
ator to the clique of party managers who control the convention. 

There is another way by which custom is modifying the method 
of choice in the direction of popular election. In a number of 
States, especially at the South, candidates for Senators 
are nominated at the party primaries, and the members ty ^rimax°les 
of the legislature are held to be under a moral obliga¬ 
tion to vote for the successful party candidate.^ Nebraska and 
Oregon have gone a step further, and provide that the voters shall 
be allowed to express their preference for Senators at the Novem¬ 
ber election, candidates having been previously nominated by a 
direct primary held for each party. Candidates for the legislature 
generally pledge themselves to vote for the popular choice, what¬ 
ever his political party. 

In any event, the legislature’s power of election is generally 
nominal, the actual choice being made by the caucus choice by 
of the majority party. Before the legislature meets, the party 
the members belonging to each party hold a caucus, 
and decide which candidate shall receive the solid party vote. If 

* Senators are now nominated by direct primary in the following States: Alabama, 
Arkansas, California, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mary¬ 
land, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, North Dakota, 
Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washing¬ 
ton, and Wisconsin. 


252 


GOVERNMENT AND POLITICS 


the party candidate has already been nominated by the convention 
or primary, the choice of the caucus is thus predetermined. All loyal 
party members are then expected to cast their votes in accordance 
with the choice of the caucus.^ Sometimes members of the ma¬ 
jority party in the legislature refuse to be bound by the decision 
of the caucus, and nominate a candidate of their own. With 
three candidates in the field the contest is often a long and bitter 
one between the candidates of the “regular” and “insurgent” 
factions of the majority party, and the nominee of the minority 
party. 

317. The Senatorial Term. The senatorial term is six 
years, and members are so classified that the terms of one 
third expire every two years — thus making the Senate a 
permanent body. It was believed that the six-year tenure 
would prove long enough to secure the talent and experience 
necessary for legislation, and to operate as a stable feature 
in the government. Senators are more frequently reelected 
than otherwise, and the average term of service is about 
twelve years. 

318. Qualifications of Senators. The constitutional quali¬ 
fications for Senators are three, and relate to age, citizen¬ 
ship, and residence. To be eligible to membership, one 
must be at least thirty years of age, must have been nine 
years a citizen of the United States, and must be an in¬ 
habitant of the State for which he is chosen.^ The States 
have no power to add to or subtract from these constitu¬ 
tional qualifications; and whether they are lacking in a 
particular case is a question for the Senate itself to decide. 

The constitution expressly creates two disqualifications — 
the holding of a federal office contemporaneously, and par- 
Disquaiifi- ticipation in rebellion against the United States, 
cauons after having taken oath as a government oflficer to 
support the constitution.® Congress or the Senate can make 
only such further disqualifications as are reasonably im- 

* Under ordinary circumstances the vote of the members belonging to the minority 
party merely represents a compliment to some distinguished leader. 

* ConstitiUion, Art. i. Sec. 3. 

» Congress may remove the latter disqualification by a two-thirds vote of each house. 


THE SENATE 


253 


plied in the constitutional provisions. Thus the corrupt 
use of his powers by a legislator has been made a disquali¬ 
fication. 

319. Rights and Privileges of Members. Members of 
Congress have the constitutional right to a compensation 
for their services, the amount to be determined compensa- 
by statute and paid out of the treasury of the 
United States. At present both Senators and Represent¬ 
atives receive $7500 per year, to which is added an allow¬ 
ance for clerk hire, stationery, and traveling expenses. 

Except in case of treason, felony, or breach of peace, 
both Senators and Representatives are privileged from 
arrest during attendance at the sessions of their Freedom 
respective houses, and in going to and returning *ro°i“re8t 
from the same. The object of this provision is to exempt 
members from being interfered with by judicial process 
while in the performance of their official duties.^ 

Finally, members of Congress have the important priv¬ 
ilege of freedom of speech and debate in their respective 
houses. That is, only the house itself can call preedomof 
members to account for their utterances in that speech and 
body; and a congressman cannot be prosecuted 
in the courts for libel or slander on account of any utter¬ 
ances in the house to which he belongs, or for the official 
publication of what he says. 

320. The Senate’s Powers in Legislation. With a single 
exception, the legislative powers of the Senate are identical 
with those of the House, and bills may originate Revenue 
indifferently in either branch. The exception is 

in case of revenue bills, which must originate in the 
House, although the Senate may propose or concur with 
amendments as on other bills.^ 

1 The exemption is not of great practical value, since seizure of the person is not ordin¬ 
arily authorized except in criminal cases, as to which the exemption does not apply. How¬ 
ever, this privilege secures exemption from such a process as a subpoena, or a summons to 
serve on a jury. 

* Thus in 1894 the Wilson Tariff Bill, which originated in the House, was transformed 
in the Senate by the addition of one hundred and forty-three amendments. 


GOVERNMENT AND POLITICS 


254 , 


321. Executive Functions of the Senate. The Senate 
is not only a legislative body, but also an executive cham- 
Treatiesand having two important executive functions: 
appoint- first, the power of approving treaties; and second, 

that of confirming the most important president¬ 
ial appointments. At the time of the adoption of the fed¬ 
eral constitution, the upper house of the State legislatures 
had a large degree of control over the governor’s power of 
appointment; ^ and a similar distrust of the executive 
induced the framers of the constitution to give the Senate 
control over these two important executive powers.^ 

322. Power to approve Treaties. All treaties negotiated 
by the President must be submitted to the Senate for ap¬ 
proval, and in order to be ratified must receive the favor¬ 
able vote of two thirds of the Senators present when the 
vote is taken. Although the President is not obliged to 
consult with the Senate during the negotiation of a treaty, 
in practice he usually does so, especially with the committee 
on foreign relations. The Senate considers treaties, as well 
as other executive business, in executive or secret session.® 
The treaty may be approved or rejected as a whole; or it 
may be ratified in part, additional articles being recom¬ 
mended as amendments. When thus changed, the treaty 
does not become law until both the President and the for¬ 
eign power have consented to the amendment. 

323. Confirmation of Executive Appointments. Through 
its second executive function, that of confirming nomina- 
Senatoriai tions submitted by the President, the Senate ex- 
courtesy ercises considerable control over the civil admin¬ 
istration. This provision was designed to prevent abuses 
of power on the part of the executive, but it has operated 


* In most of the colonies there was a body known as the governor’s council, api)ointed 
by the king, whose consent was necessary to the validity of certain executive acts. After 
the colonies became independent, the governor’s council disappeared except in Maine, 
Massachusetts, and New Hampshire. In most States the control over appointments which 
it formerly exercised has been transferred to the upper branch of the State legislature. 

2 For the special power of the Senate to elect a Vice-President, see Section 361. 

* During the first five years of the Senate’s history, or until 1794, all its sessions were in 
secret. 


THE SENATE 


255 


to give the Senate a large control over federal patronage 
through the practice known as “senatorial courtesy.” By 
this term is meant the mutual support that Senators give 
to one another, especially in the confirmation of executive 
appointments. Cabinet appointments are generally con¬ 
firmed as a matter of course, and diplomatic appointments 
are seldom rejected; but nominations to federal positions 
within a State ^ are ordinarily not confirmed unless ap¬ 
proved by the Senators from the commonwealth in ques¬ 
tion, provided they are of the same political party as the 
President. 

In considering appointments, the Senate acts in secret 
session, but reports of their proceedings commonly become 
public. In an executive session the galleries are Executiva 
cleared, the doors closed, and the obligation of 
secrecy is imposed upon every Senator, under penalty of 
expulsion if he discloses the confidential proceedings. But 
the obligation does not weigh heavily upon some members, 
and the newspaper correspondents generally manage to 
find out what occurs. 

The President may convene the Senate in special session 
to consider treaties or appointments. On thirty- special 
six occasions in our national history such special 
sessions have been held. 

324. The Senators Judicial Function. The judicial func¬ 
tion of the Senate is to sit as a court of impeachment for 
the trial of persons formally accused, by the ^ court oi 
House of Representatives, of treason, bribery, 
or other high crimes and misdemeanors. Im¬ 
peachment is not limited to indictable offenses, but in¬ 
cludes conduct which the courts of law cannot reach, as 
intemperance or abuse of oflficial power. The President, 
Vice-President, and all civil oflBcers of the United States 
are liable to impeachment; and the term civil oflScers in- 

* Especially revenue collectors, postmasters in large cities, customs oflScers, federal judges, 
district attorneys, etc. 


«56 


GOVERNMENT AND POLITICS 


eludes all federal officers, except military and naval officers 
(who are tried by courts-martial), and members of Congress 
(who are subject only to the rules of the house of which 
they are members). 

The House of Representatives has the sole power to pre¬ 
fer charges of impeachment, that is, to present the articles 
Trial of im- of accusation as the grand jury presents an in- 
peaciunents didment. The trial then occurs before the Sen¬ 
ate, the process resembling that of a trial by jury. The 
House appoints a committee of members to prosecute the 
charges before the Senate; the accused is entitled to counsel, 
and to full opportunity to present his defense; each Sena¬ 
tor takes an oath to judge impartially; witnesses are ex¬ 
amined; and the Senate then deliberates in secret session 
while arriving at a decision. In ordinary impeachment 
trials, the Vice-President or the President pro tempore of 
the Senate presides; but in case of the impeachment of the 
President, the presiding officer is the chief-justice of the 
United States Supreme Court. 

A two-thirds vote of the Senators present is necessary to 
a conviction; and in case of conviction, the punishment 
Punisii- cannot extend further than removal from office, 
and disqualification to hold any office under the 
United States. If the offense leading to impeachment is one 
punishable by law, the person impeached is liable to trial 
by the courts, as in case of any one who violates the law. 
The President has no pardoning power in cases of impeach¬ 
ment.^ 

» There have been eight cases of impeachment in our history, only two of which resulted 
in conviction. The two men convicted were both judges of the United States district court: 
John Pickering, judge for New Hampshire, impeached in 1803 for malfeasance in office. 
Including drunkenness and other offenses; and West H. Humphreys, judge for Tennessee, 
impeached in 1862 for disloyalty and inciting rebellion. The most noted impeachment case 
in our history was that of President Johnson, impeached in 1868 for violating the Tenure of 
Office Act, and other offenses; acquitted by the narrow margin of one vote (thirty-five Sena¬ 
tors voting guilty, and nineteen not guilty). 


THE SENATE 


257 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xi. 

Beard, C. A., American Government and Politics (1910), ch. xii. 

- Readings in American Government and Politics (1910), ch. xn. 

Bryce, James, The American Commonwealth (1907), i, chs. x-xii. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 41-58. 

Fairlie, J. A., National Administration of the United States (1905), ch. iii. 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxi. 

Foster, Roger, Commentaries on the Constitution of the United States (1895), 
I, chs. VII, xi-xiii. 

Hamilton, Madison, and Jay, The Federalist (ed. by Lodge, 1904), nos. 

LXII-LXVI. 

Hart, A. B., Actual Government (1903), ch. xin. 

Haynes, G. H., Election of Senators (1906). 

Kerr, C. H., The United States Senate (1895). 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. I, III. 

- Readings on American Federal Government (1909), chs. iv-v. 

Story, J., Commentaries on the Constitution of the United States (5th ed., 
1905), I, secs. 690-813. 

Tucker, J. R., Constitution of the United States (1899), i, chs. ix-x. 

Wilson, Woodrow, Constitutional Government in the United States (1908), 

ch. V. 

- The State (1906), secs. 1274-1284. 

Woodburn, James A., The American Republic and its Government (1908), 

ch. rv. 

QUESTIONS AND EXERCISES 

1 . Make an outline showing the points of resemblance between Congress 
and your State and city legislative departments. 

2. Compare the Senate with the British House of Lords. 

3. Has the Senate accomplished the special purposes which it was de¬ 
signed to fulfill? {The Federalist, nos. lxii-lxvi.) 

4 . How many Senators were there April 30, 1789? For what terms did 
these Senators serve? 

5. What arguments can you present for and against the equal representa¬ 
tion of States in the Senate? 

6 . Name the Senators from your State. How long have they served? 
‘When do their terms expire? To which political party do they belong? 
What political offices did they hold before being elected to the Senate? 

7 . Were your Senators nominated by conventions, by party primaries, 
or by the Nebraska method? Which plan do you consider preferable, 
and why? 

8 . Give arguments for and against the popular election of Senators. 

9 . Have there been any recent instances in your State legislature of a 
“deadlock” over the election of a Senator? 

10. How are the political parties represented in the present Senate? Name 
several of the most prominent Senators of each party. 

11 . Compare the term and qualifications of United States Senators with 
those of your State senators. 





258 


GOVERNMENT AND POLITICS 


12 . Make a similar comparison as to rights and privileges. 

13. Which of the special powers of the United States Senate is exercised 
by your State senate? 

14. State the advantages and disadvantages of having the Senate parti¬ 
cipate in appointments; in treaties. 

15. State the objections to the practice of “senatorial courtesy.” 

16. Prepare a list of executive officials appointed by the President subject 
to confirmation by the Senate. 

17. What officials in your congressional district were thus appointed? 
Was your Senator consulted? 

18. Give an account of the controversy between President Garfield and 
Senators Conkling and Platt over appointments in New York State. 

19. Name several treaties which have been ratified by the Senate within 
the last twenty years. Have any been rejected? 

20 . What is the smallest number of Senators who at the present time can 
pass a bill? Confirm an appointment? Ratify a treaty? 

21. Is a Senator bound to regard instructions by the legislature of his 
State? 

22 . Prepare a report upon the impeachment trial of Andrew Johnson. 
(Sherman, Recollections, i, 413-432; Blaine, Twenty Years of Congress, 
II, 341-384; Cox, fUree Decades of Federal Legislation, 578-594.) 

23. May a Senator be appointed to a federal office which was created during 
his term as Senator? {Constitution, Art. i, Sec. 6, Par. 2.) 

24. Suggested readings on the Senate: Reinsch, P. S., Readings on Ameri- 

' can Federal Government, ch. v; Kaye, P. L., Readings, pp. 156-183. 


CHAPTER XXIII 


THE HOUSE OF REFRESENTATIVES 

325. Composition of the House. The House of Repre¬ 
sentatives, often referred to simply as the House, consists 
of 391 members elected every second year by 

direct vote in congressional districts of nearly basis of re¬ 
equal population. The number of Representa- 
tives to which any State is entitled depends upon its popu¬ 
lation as ascertained by the federal census, taken every 
ten years. Since the adoption of the fourteenth amend¬ 
ment ( 1868 ), the entire number of individuals in each State 
(except untaxed Indians) is counted in determining the 
population entitled to representation.^ 

Each of the territories is permitted to send to the House 
a delegate, who may speak on questions affecting his ter¬ 
ritory, but may not vote. Thus in the Sixty- Territorial 
first Congress ( 1909 - 1911 ), Alaska, New Mexico, 

Arizona, and Hawaii were represented by delegates, Porto 
Rico and the Philippines by resident commissioners. 

326. The Method of Apportionment. After each decen¬ 
nial census. Congress determines upon the number of Re¬ 
presentatives of which the House shall consist. Ratio of re- 
The population of all the States is then divided 

by this number, the quotient being the ratio of represent¬ 
ation; and the population of each State is divided by this 

* Under the original provision of the constitution, Representatives and direct taxes 
were apportioned among the States according to population. In enumerating the popu¬ 
lation, all free persons were to be coimted, including also persons bound to service for a 
term of years and excluding Indians not taxed; and including also three fifths of all other 
persons. In other words, five slaves were to be counted as equivalent to three white per¬ 
sons in apportionment and in levying direct taxes. This was the famous three-fifths rule, 
adopted as a compromise between the Northern and Southern members of the Constitu¬ 
tional Convention. 


260 


GOVERNMENT AND POLITICS 


ratio to ascertain the number of Representatives to which 
it is entitled. Thus after the twelfth census had been 
taken (1900), Congress passed an act fixing the number 
of Representatives at 386.^ Dividing the aggregate popula¬ 
tion of all the States, as ascertained by the twelfth census, 
by 386, gave a quotient of 194,182 as the ratio of repre¬ 
sentation. Then the population of each State was divided 
by this ratio, the resulting quotients being the number of 
Representatives of the respective States. 

After each decennial census, the number of members has 
been increased otherwise some States would have had 
Increase in fewer Representatives than during the previous 
jnembersiiip decade, since population does not increase uni¬ 
formly in all parts of the country.® Under the present ratio, 
fom* commonwealths, Delaware, Nevada, Idaho, and Wyom¬ 
ing, would be without representation were it not for the 
constitutional provision that each State shall have at least 
one Representative. When a new State is admitted, it is 
at once given representation, its members or member being 
additional to the number provided for by the preceding 
apportionment. 

327. Districting a State. The boundaries of the con¬ 
gressional districts within each commonwealth are deter- 
Redistrict- mined by its legislature, subject to the restric- 
ttaesTecea- federal law that the istricts shall be as 

»ary nearly as practicable of equal population, and 

composed of compact and contiguous territory. In case 
the apportionment act changes the representation of a 
State, or if the decennial census shows that its population 
has increased unequally in various sections, redistricting 
the State becomes a necessity. 

Sometimes States are redistricted for less legitimate 
reasons. The dominant party in the legislature may en- 

* Five additional members were added for Oklahoma in 1901. 

9 With a single exception — under the reapportionment of 1842. 

• Although the House is now so large as to be unwieldy, it is smaller than the correspond¬ 
ing body in European countries. In Great Britain the House of Commons consists of 670 
members; the German Reichstag has 397 members; the French Chamber of Deputies, 584. 


THE HOUSE OF REPRESENTATIVES 


261 



deavor, by a process known as “ gerrymandering,” so to ar¬ 
range the district Oerryman- 
lines as to secure 
a party majority in the 
greatest possible number of 
districts. This is done by 
massing the opposition votes 
in a few districts certain to be hostile 
in any event, and by so arranging the 
others as to insure a safe majority in 
each for the party in control of the legis¬ 
lature.^ 

Federal law requires that the dis- 

THE ORIGINAL “ GERRY- COmpOSed of Eyaslon ol 

MANDER”* compact and contigu- statutory 

ous territory; but it has 

been held that territory is contiguous if it touches the 


district at any point, 
and the result has been 
that some States have 
created districts of the 
most amazing irregular¬ 
ity. The statutory re¬ 
quirement that districts 

1 In 1892, by a carefully planned gerry¬ 
mander, the Democrats in Indiana were 
enabled to elect eleven congressmen with 
a total vote of 2.59,190, leaving only two 
congressmen to the Republicans, who cast 
a rote of 235,668. 

* " In 1812 when Elbridge Gerry was gov¬ 
ernor of Massachusetts, the Republican 
legislature redistributed the districts in 
such wise that the shapes of the towns 
forming a single district in Essex County 
gave to the district a somewhat dragon¬ 
like contour. This was indicated upon 
a map of Massachusetts which Benjamin 
Russell, an ardent Federalist and editor 
of the ‘ Centinel,* hung up over the desk 
In his office. The celebrated painter Gil¬ 
bert Stuart, coming into the office one day 
and observing the uncouth figure, added 
with his pencil a head, wings, and claws, 
and exclaimed, ‘ That will do for a sala- 
inanderl’ ‘Better say a Gerrymander!’ 
growled the editor; and the outlandish 
name, thus duly coined, soon came into 
general currency.” — Fiske’s Vhnl GoV’ 
eminent in the United States, 


^-'vLAUOERb'aLE rLIME'*r"* 



MAP OF THE CONGRES¬ 
SIONAL DISTRICTS 
IN THE STATE OF 
ALABAMA, APRIL 1910 

An example of gerrymandering. 











262 


GOVERNMENT AND POLITICS 


shall be of nearly equal population has also been disre¬ 
garded. In order to gain a partisan advantage, legislatures 
have occasionally created districts with almost double the 
population of other districts in the same State.^ 

328 . The Suffrage. When the constitution was framed, 
no attempt was made to establish a uniform national suf- 
Noixniionu instead it was provided that members of 

national the House of Representatives should be chosen by 
sniirage ^j^ose persons in the several commonwealths who 
are qualified to vote for the more numerous (i.e., the lower) 
branch of the State legislature. 

The States are thus given control of the suffrage; and in 
order to determine who may vote for congressmen in any 
States deter- commonwealth, it is necessary to examine the 
minequau- qualifications prescribed by the State constitu¬ 
tion for those who may vote for members of the 
lower branch of the State legislature. Generally speaking, 
universal manhood suffrage prevails except as to the crimi¬ 
nal, insane, or other defective or delinquent classes. But in 
a few commonwealths, a property qualification is prescribed; 
and an educational qualification, as ability to read or write, 
is required in fourteen States.^ 

State control of the suffrage is subject to two important 
limitations contained in amendments to the federal con- 
Oonsutu- stitution. The fifteenth amendment was intended 
tionai to secure the suffrage to negro citizens by provid¬ 
ing that “the right of citizens of the United States 
to vote shall not be denied or abridged by the United States 
or any State on account of race, color, or previous condition 
of servitude.” Furthermore, section two of the fourteenth 
amendment provides that in case the right to vote in any 
State is denied (except for crime) to male citizens who are 
twenty-one years of age, the State’s representation in the 
House shall be proportionately reduced. 


* In New York the fifteenth congressional district (Republican) had 165,701 inhabitants 
in 1905, while the eighteenth (Democratic) had 450,000 inhabitants. 

* Alabama, California, Connecticut, Delaware, Louisiana, Maine, Massachusetts, Missis* 
sippi. New Hampshire, North Carolina, South Carolina, Virginia, Washington, Wyoming, 


THE HOUSE OF REPRESENTATIVES 


263 


329 . The Election of Representatives. The constitution 
confers upon the State legislatures the power to make 
regulations as to the time, place, and manner of Early state 
holding elections for Representatives; but reserves 
to Congress the right to make or alter these regulations at 
its discretion. For fifty years, in the absence of federal legis¬ 
lation, control of elections was left to the States; and there 
was considerable diversity in regard to the time and method 
of electing Representatives. Some commonwealths chose 
their Representatives on a general ticket (i.e., all voters 
in the State cast their ballots for the entire number of Re¬ 
presentatives allotted to the commonwealth); while other 
States followed the district plan now in use, each voter 
casting his ballot for but one Representative.^ 

In 1842 Congress exercised its reserved power of regu¬ 
lating the election of Representatives, and passed an act 
which provided that from that time on, all Repre- Federal 
sentatives should be chosen by districts, and not ^®g^atioiui 
by general ticket. Other important regulations subsequently 
adopted by Congress provide that the time for the election 
of Representatives shall be the Tuesday next following the 
first Monday in November of the even numbered years; ^ 
that the election shall be by written or printed ballot; and 
that the districts arranged by the State legislatures shall be 
as nearly as may be of equal population, and composed of 
compact and contiguous territory. 

In a majority of States, candidates for the House of 
Representatives are nominated by district con- 
ventions composed of delegates representing units 
of local government witl^n the congressional dis¬ 
trict, such as coimties, or m the more thickly settled areas. 


* Under the general ticket plan, the party which carried the State would generally secure 
all the congressmen, while under the district plan the delegation from a State ordinarily 
contains representatives of both parties. 

» Congress has exempted from the operation of this rule three States whose constitutions 
contain clauses establishing a different date. These are Oregon, where the election oc¬ 
curs on the first Monday in June; Vermont, where it takes place on the first Tuesday in 
September; and Maine, where it is held on the second Monday in September. 


264 


GOVERNMENT AND POLITICS 


assembly districts, townships, or wards. But in a large 
number of States (including Wisconsin, Nebraska, Oregon, 
Kansas, and Oklahoma) the older convention method has 
been superseded by the direct primary system, under which 
candidates are nominated by the voters at a party primary. 

330. The Term of Representatives. Representatives are 
elected for a term of two years, the legal term commencing 
on the fourth of March following the election. Actual serv¬ 
ice does not commence (except in case of special session) 
until the first Monday in December, thirteen months 
after the election. Reelection is frequent, and the average 
term of service is about five years. 

If a vacancy occurs in the representation from any State 
by reason of death, resignation, or expulsion of a member, 
_ the federal constitution authorizes the governor 

VftC&110l68 • . . 

to issue a writ of election to fill the vacancy. 
A special election is then held in the district where the 
vacancy occurs, the Representative chosen serving for the 
remainder of the term. 

331. Qualifications for Representatives. The constitu¬ 
tional qualifications prescribed for Representatives relate 
to age, citizenship, and inhabitancy. A Representative must 
have attained the age of twenty-five years, must have been 
a citizen for at least seven years, and must be an inhabit¬ 
ant of the State from which he is chosen.^ The House it¬ 
self determines whether these qualifications exist, and has 
even rejected duly elected individuals who possessed the 
constitutional quahfications.^ The States cannot add to 
the constitutional qualifications; but universal custom 
having almost the force of law prescribes residence within 
the district which the member represents. 

332. Rights, Privileges, and Disabilities of Members. 
The privileges of members of the House are the same as 

* The constitution also provides that no person holding any office under the United 
States may be a member of Congress during his continuance in office. 

* Thus the Fifty-sixth Congress excluded Brigham H. Roberts of Utah, on the ground 
that he was living in polygamy in violation of both State and federal law. 


THE HOUSE OF REPRESENTATIVES 


265 


those of Senators, and include the right to compensation, 
the privilege of freedom from arrest (except in cases of 
treason, felony, or breach of peace), and freedom of speech 
and debate. Representatives, like Senators, may not hold 
any civil office under the United States during their con¬ 
gressional term; nor be subsequently appointed to any of¬ 
fice which has been created, or the salary of which has been 
increased, during their term. 

333. Special Powers of the House. The House has three 
special powers not shared by the Senate; the exclusive power 
to initiate revenue bills; the sole right of impeach- 
ment; and the power to elect a President of the special 
United States in case no candidate has a major- 
ity of the electoral votes. These exclusive powers are not 
of great importance, and add little to the prestige of the 
House. 


GENERAL REFERENCES 


Ashley, R. L., The American Federal State (1903), ch. xii. 

Bryce, James, The American Commonwealth (1907), i, chs. xm-xiv. 
Beard, C. A., American Government and Politics (1910), ch. xii. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 41-58. 

Fairlie, J. A., National Administration of the United States (1905), ch. in. 
Follett, M. P., The Speaker of the House of Representatives (1904). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xx. 
Foster, Roger, Commentaries on the Constitution of the United States (1895), 
I, chs. vii-x- 

FuUer, H. B., Speakers of the House (1909). 

Hamilton, Madison, and Jay, The Federdist (ed. by Lodge, 1904), nos. 

LII-LIV. 

Hart, A. B., Actual Government (1903), ch. xiii. 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. i-il. 

- Readings on American Federal Government (1909), ch. vii. 

Story, J., Commentaries on the Constitution of the United Stales (5th ed., 
1905), I, secs. 571-689. 

Tucker, J. R., Constitution of the United States (1899), i, chs. ix-x. 
Wilson,' Woodrow, Constitutional Government in the United States (1908), 


. "^ —The State (1906), secs. 1285-1298. 

Woodburn, James A., The American Republic and its Government (1908), 
ch. V. 




266 


GOVERNMENT AND POLITICS 


QUESTIONS AND EXERCISES 

1 . Prepare a report showing points of similarity and contrast between 
the House of Representatives and the British House of Commons. 

2 . How many congressional districts in your State? How do these com¬ 
pare in area and population? Is the division a fair one, or has the 
gerrymander been employed in the interest of the dominant poUtical 

• party? 

3. Prepare a report upon the gerrymander. 

4 . Who is your Representative? To which political party does he be¬ 
long? Length of his service in Congress? Previous political experience? 
When does his term expire? 

5 . What is the number of your congressional district? What counties 
does it comprise? Which political party generally carries the district? 

6 . How are the political parties represented in the present House? Name 
prominent leaders of each party in the House. 

7. Was your Representative nominated by a party convention or by a 
direct primary? Which is the better method? 

8 . Compare the special powers of the House of Representatives with the 
special powers of the lower branch of your State legislature. 

9 . Why should bills for raising revenue originate in the House of Repre¬ 
sentatives? What is the practice in the British Parliament? 

10 . Why was the election of a President entrusted to the House of Re¬ 
presentatives, in case of failure of the Electoral College to choose a 
President? In this event, why is the vote in the House taken by States? 

11 . What is the smallest number of Representatives who can pass a bill 
for the first time? Over the President’s veto? What number could 
elect a President, in case the election should go to the House? 

12. Is it unfortunate that there is so long an interval between the election 
of Representatives and the meeting of Congress? 

13. What qualifications are required in your State in order to permit one 
to vote for a United States Representative? Who is authorized to de¬ 
termine these qualifications? 

14. Compare the term and qualifications of a United States Representa¬ 
tive with those of your State representative. 

15. May the State legislatures add to the qualifications imposed by the 
federal constitution for membership in the House of Representatives? 
May the House itself impose additional qualifications? 

16. Under what circumstances may the House exclude from membership 
a person who has been duly elected? 

17. What are the advantages and disadvantages of our practice of re¬ 
quiring a Representative to reside in the district which elects him? 

18. What is the present ratio of representation? What are Congressmen- 
at-large? 

19. Contrast the procedure in the House of Representatives with that in 
the British House of Commons. (Kaye, P. L., Readings, pp. 149-155.) 


CHAPTER XXIV 


CONGRESSIONAL METHODS 

334 . Term and Sessions of Congress. The life of each 
Congress coincides with the legal term for which Repre¬ 
sentatives are elected; that is, it commences on March 4 
of the odd-numbered years, and ends on March 4, two 
years later. Hence Congresses are numbered according 
to biennial periods. The First Congress began its legal ex¬ 
istence on March 4, 1789, and expired at noon on March 4, 
1791; the Second Congress lasted from March 4, 1791, to 
March 4, 1793, and so on to the Sixty-second Congress 
whose legal existence extends from March 4, 1911, to 
March 4, 1913. 

The constitution requires Congress to assemble at least 
once each year, the date of meeting — which Congress 
may change — being the first Monday in Decern- 
ber. Two regular sessions are held: the long ses¬ 
sion from December of each odd year until Congress 
adjourns, generally in the following June or July; and the 
short session, beginning when Congress assembles in De¬ 
cember of each even year, and ending at noon on the follow¬ 
ing fourth of March. Thus Congress is ordinarily in session 
only about one half of its legal term. Special sessions may 
be called either by the President or by Congress itself. 

Congress fixes the time for adjournment by agreement between 
the separate houses; but in case of disagreement between them 
on this point, the President may adjourn them to such 
time as he thinks proper. During the session of Con- 
gress neither house may, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which the two houses are sitting. 


268 


GOVERNMENT AND POLITICS 


From April, 1789, to December, 1790, Congress met at New 
York, then the seat of government; from 1790 until 1800 at 
Philadelphia; and since 1800 at the national capitol at 
meeting Washington. The Senate chamber occupies the north 
wing of the capitol building, the House chamber the 
south. The seats of members — revolving chairs with desks — 
are arranged in concentric rows facing the chair of the presiding 
ojQficer on a raised marble dais at one end of the room. Around all 
four sides of both chambers are galleries, the House galleries 
seating 2500 people, those of the Senate 1200. 

335 . Internal Organization of Congress. The constitu¬ 
tion makes each house the sole judge of the elections, re- 
Biections, tums, and qualifications of its members. Con- 
QuaUJica^*^ tested elections are referred to a committee on 
tionsoi elections, which considers the evidence in each 
memi)ers submits a report. Inasmuch as a major¬ 

ity of the members of the committee on elections are chosen 
from the dominant party, a contested election is quite 
likely to be decided on partisan lines. Persons may be 
excluded from membership if the election has been irregu¬ 
lar or corrupt; if improper returns have been made; if the 
constitutional qualifications are lacking; or for other rea¬ 
sons which in the opinion of the house render individuals 
unfit to act as members. 

The presiding officer of the House of Representatives is 
the Speaker, chosen from the members by the House it¬ 
self; while in the Senate the ex officio presiding 
officer is the Vice-President of the United States, 
Other officers elected by the respective houses ^ from per¬ 
sons not members are: the clerk (in the Senate called the 
secretary), the sergeant-at-arms, doorkeeper, postmaster, 
and chaplain .2 

Each house of Congress may determine its own rules of 
procedure, punish members for disorderly behavior, and 

* Nominally these oflBcers are chosen by each house; but in practice the choice is made 
by the caucus of the majority party, held a few days before the organization of the house. 

* Nominally these officers appoint their own assistants ; but in practice the subordinate 
positions constitute patronage to be distributed by the leaders of the dominant party. 


OUlcers 


CONGRESSIONAL METHODS 


by a two-thirds vote, expel a member.^ Acts of violence 
or abusive language may be punished by a vote Rules oi 
of censure; or the offending member may be re- 
quired to make a public apology to the house. Only grave 
offenses which show unfitness for the public trust and duty 
of a member are punished by expulsion. 

The constitution requires that “each house shall keep a journal 
of its proceedings, and from time to time publish the same, ex¬ 
cepting such parts as may in their judgment require 
secrecy; and the yeas and nays of the members of either 
house shall, at the desire of one fifth of those present, be entered 
upon the journal.” ^ The object of keeping a journal is to secure 
a permanent record of legislative action, as well as publicity of 
proceedings. 

The object of requiring the call of yeas and nays is td fix upon 
each member responsibility for his vote by making it a matter 
of public record. Since the roll-call consumes consider- 
able time, it ought not to be required for unimportant 
motions, as a motion to adjourn; hence the restriction 
that at least one fifth of the members present must demand the 
vote by yeas and nays. 

An official account of congressional debates and proceedings 
is published, known as the Congressional Record. This ap¬ 
pears daily during the session of Congress, and is congres- 
supposed to be a verbatim report of what is said in 
each house; but members are allowed to revise their 
remarks before they are printed, and in the House many'of the 
published speeches are not actually made at all — since mem¬ 
bers often merely prepare their speeches and obtain “leave to 
print.” 

336. The Quorum. A quorum of a legislative body is 

the number of members who must be present in 

order to transact business; and the quorum re- stitutesa 
, , . • • • f 1 quorum 

quired by the constitution is a majority of each 

house.® A smaller number than a quorum has power only to 

* Constitution, Art. i. Sec. 5, Par. 2. 

* Ibid., Art. i. Sec. 5,.Par. 3. — The Journal is an official record of the introduction of 
bills and the votes of members. 

» When the house is once organized, the quorum consists of a majority of those members 
chosen, sworn, and living, whose membership has not been vacated by resignation or by the 
action of the house. 


m 


GOVERNMENT AND POLITICS 


adjourn from day to day; but they may compel the attend¬ 
ance of absentees by sending out the sergeant-at-arms with 
instructions to bring in members wherever found. 


An interesting question arises as to whether in counting a 
quorum members are to be considered present who are actually 
in the house, but who do not answer to their names 
a guorum when the roll is called. For many years it was custom¬ 
ary for members of the minority party to remain silent 
at roll-call, so that if several members of the majority party were 
absent, no quorum would appear. Speaker Reed in 1890 com¬ 
menced the practice of counting members present whom he saw 
actually in the House, whether voting or not; and the House 
afterwards sanctioned his action by adopting the rule that the 
clerk shall note and record in the journal the names of members 
present but not voting; and that these names, together with those 
of members voting, are to be counted and announced in determin¬ 
ing the presence of a quorum. This rule constitutes one of the 
most effectual checks upon “filibustering” — that is, upon obstruc¬ 
tion tactics on the part of the minority. 


337. Presiding Officer of the Senate. The presiding of¬ 
ficer of the Senate is the Vice-President of the United States, 
President oi the Senate itself choosing a president pro tem- 
tiie Senate ^ore^ who occupies the chair during the absence 
of the Vice-President, or in case the latter succeeds to the 
Presidency. Unlike the Speaker of the House, the Pre¬ 
sident of the Senate exercises no special control over legis¬ 
lation, but resembles the Speaker of the British House of 
Commons in acting simply as a chairman or moderator. 
He does not appoint the Senate committees, these being 
elected by the Senate itself; and he has no vote except in 
case of a tie. Questions of order are decided by him without 
debate, subject to appeal to the Senate. 

338. The Speaker of the House of Representatives. 
The position of the Speaker of the House of Representa- 
A political tives is entirely different. He is a political leader 
leader rather than a chairman or moderator, and is 
expected to use his oflBce for party purposes. Moreover, the 
House has seen fit to concentrate large powers of control in 



UNITED STATES SENATE CHAMBER 



UNITED STATES HALL OF REPRESENTATIVES 


































CONGRESSIONAL METHODS 


271 


the hands of its Speaker, until to-day his position is second 
in political importance to that of the President alone. 

The House chooses its Speaker out of its own membership, 
and in earlier years exciting contests occurred in the House 
over the election.^ But with the development of Mode of 
the caucus system the real contest has been trans- 
ferred to the caucus of the majority party, held shortly be¬ 
fore the organization of the House. The candidate chosen 
by this caucus almost invariably receives the solid vote 
of his party in the House; for the rule of the caucus is that 
those who participate in its proceedings must support its 
decisions.^ 

As chairman of the House, the Speaker performs the cus¬ 
tomary duties of a presiding officer. He opens and closes 
the sittings of the House; maintains order; de- 
cides questions of parliamentary law; acts as the presiding 
official representative of the House in its col¬ 
lective capacity; authenticates official proceedings by his 
signature; announces the order of business; states the 
question; and announces the vote. He also appoints the 
chairman of the committee of the whole, and may appoint 
a speaker pro tern for a period not exceeding ten days. The 
Speaker retains his privileges as a member, including the 
right to take part in debate (in which case he calls some 
member to the chair); and also the right to vote. 

339. Chief Sources of the Speaker’s Power. In addition 
to the above duties, the Speaker has three powers special 
of such great importance as to give him virtual 
control of legislative policy during the period of his speaker- 
ship. 

(1) The Speaker has the right to appoint all standing 

» In 1839 it took over a week to elect Speaker Hunter. In 1849, after a contest lasting 
three weeks, the House agreed that a plurality should elect, and Howell Cobb was chosen 
on the sixty-third ballot. In 1855, after a struggle lasting two months, Nathaniel P. Banks 
was elected by a plurality vote on the one hundred and thirty-third ballot. In 1859 the 
contest again lasted two months, finally resulting in the choice of William Pennington, 

» The minority party also nominates a candidate in its caucus ; he is regarded as the 
leader of the opposition, and is generally consulted by the Speaker in regard to the mi¬ 
nority’s representation upon committees. 


' 272 


GOVERNMENT AND POLITICS 


and special committees of the House (except the committee 
Appoint- rules), and to designate their respective chair- 

mentoi men.^ Since these committees have almost entire 
committees legislation, this power of appointment 

gives the Speaker tremendous influence upon law-making. 
In forming the committees, the Speaker appoints members 
who are favorable to his own views, and who can be relied 
upon to promote the party policy. Nor does the Speaker’s 
power cease with the appointment of the committees; for 
he determines to which one each bill shall be referred. If 
the measure might be appropriately *referred to either of 
two committees, he may determine its fate by sending it 
to the one which is friendly or hostile, according to his 
personal inclinations.^ 

(2) The second great source of the Speaker’s authority 
is his power of recognition — that is, of deciding which 
Power oi member is entitled to the floor; for no motion or 
recognition speech can be made except by one who has been 
duly recognized by the chair. While there are certain 
unwritten laws of recognition, and certain restrictions im¬ 
posed by custom, the Speaker has the power to recognize 
only such persons as he pleases; and accordingly he may see 
or refuse to see, as he thinks the public interest requires, or 
as party interests may dictate. When a member rises and 
addresses the chair, he is frequently asked, “For what pur¬ 
pose?” and the Speaker then decides whether he shall be 
recognized. When a bill is before the House for considera¬ 
tion, the Speaker generally has a list of members (ar¬ 
ranged beforehand by the committee chairman) who are 
to be recognized when the proper time comes; and discus¬ 
sion is thus confined to members whose names are on the 
Speaker’s memorandum.® 

1 In the Senate, as in most European assemblies, the committees are chosen by the 
entire body. 

^ * His decision in the matter of referring bills is subject to correction by the House — a 
right seldom used. 

* “The Speaker’s power over recognition seems tyrannical to the last degree, and the 
first tendency of every one is to cry out against it; but the fundamental reason of its ac- 


CONGRESSIONAL METHODS 


273 


(3) The third source of the Speaker’s authority is his 
right to decide points of order, including power to deal 
with obstruction — that is, filibustering tactics Decides 
on the part of the minority. The obstructive de- points oi 
vices formerly resorted to by the minority in- 
eluded preventing a quorum by refusing to vote, and delay¬ 
ing action by offering dilatory motions (as to take a recess, 
or to fix a day to which the House shall adjourn). In the 
Fifty-first Congress, Speaker Reed inaugurated the existing 
practice of counting as present persons actually in the 
House, whether they respond to their names at roll-call 
or not; and he also disregarded all motions and appeals 
made simply for the purpose of delay — a practice now 
invariably followed. 

To the imperfect organization of the House, its lack of leader¬ 
ship, and the immense amount of business presented for its con¬ 
sideration, is due the centralization of power in the nelson lor 
hands of its Speaker. With thousands of measures pre- centrallza- 
sented for consideration by an unwieldy body of nearly o* 
four hundred members, it is essential to efficient ac- 
tion that some person be vested with large powers of control. 
Hence the Speaker, representing the political majority, has been 
entrusted with his large authority.^ 

In the exercise of his powers the Speaker does not act for him¬ 
self alone, but rather as the organ of his party. It is through him 
that the party majority achieves results, suppressing Limitations 
those who would obstruct or prevent action by the upon 
House. This same majority can at any time check or Speaker’s 
limit his powers, or even depose him and elect another 
Speaker. Wide as are his powers, they are limited by the federal 
constitution and laws, by the rules of the House, by the precedents 
and practices of previous Speakers, and by general parliamentary 
usages. 

340 . The Committee on Rules. Until March, 1910, a 

ceptance is that something must be done to unify legislation, that some one must be allowed 
to choose if anything is to be done.” — Follett, M. P., The Speaker of the House of Repre¬ 
sentatives, p. 305. 

1 “The theory of the House is still that it is an assembly of equal factors, but the fact 
is that it is a hierarchy of private members, chairmen of committees, members of the com¬ 
mittee on rules, and above them all a Speaker.” — Follett, M. P., The Speaker of the House 
of Representatives, p. 309. 


274 


GOVERNMENT AND POLITICS 


large part of the Speaker’s power came from his control of the 
influential committee on rules. The rules committee 
is virtually a committee of control, with power to decide 
upon the order for considering bills, to determine the length of 
debates, and the time when the vote shall be taken. This is 
done by “reporting a rule” — that is, by presenting a report as 
to the time and conditions under which the House shall consider 
a measure — a report which takes precedence over any other 
business. Accordingly the committee on rules can accept or re¬ 
ject a bill, permit or limit or refuse debate, admit or decline to 
admit an amendment. 

Until 1910 this committee consisted of the Speaker and two 
majority and two minority members named by himself. In the 
Sixty-first Congress, those opposed to Speaker Can- 
gaSzaUon" lion’s policy finally succeeded in depriving him of a por¬ 
tion of his powers by a change in the composition of this 
committee. On March 19, 1910, the Democrats, aided by “in¬ 
surgent” Republicans, passed a resolution providing that the 
committee on rules should thereafter consist of ten members — 
six of the majority and four of the minority party, the Speaker 
being excluded from membership. It was further resolved that 
this committee should be elected by the House, instead of being 
appointed by the Speaker. It is expected that this change will 
make the committee on rules more representative of the will of 
the majority of the House, and that the Speaker’s powers over 
legislation will be somewhat decreased. 

341 . Congressional Committees. Large representative 
assemblies are confronted with the difficult problem of 
Cabinet giving careful consideration to an immense num- 
system measures, and at the same time acting 

promptly and efficiently. Two plans have been evolved for 
meeting this difficulty. The first is the cabinet or minis¬ 
terial system, under which the leaders of the majority party 
in the legislature — who for the time being also hold the 
chief positions in the cabinet — prepare legislative meas¬ 
ures, and defend them in the assembly against the at¬ 
tacks of the minority party. The cabinet virtually con¬ 
stitutes a central or ruling committee of the legislature, and 
retains control of the administration so long as it has the 
support of a majority of the members of the house. When 


CONGRESSIONAL METHODS 


275 


no longer able to command a majority, the cabinet must 
resign, and a group of leaders from the opposition in turn 
becomes the governing committee. This is the British sys¬ 
tem, also followed in many countries of continental Europe. 

The second plan is the congressional or committee sys¬ 
tem, which prevails in our federal and State legislatures. 
Under this system the assembly is divided into Congres- 
a number of smaller groups or committees, each committee 
of which is charged with the consideration of leg- system 
islation pertaining to a certain subject. After being con¬ 
sidered by these miniature legislatures, measures are re¬ 
ported to the assembly itself for final action. The decision 
of a committee with reference to a bill is practically final, 
for while either house may overrule the committee, in 
practice this is seldom done. Hence it is said that our legis¬ 
lation is by committees and not by the house, for as a rule 
the house merely ratifies the decisions of the committees. 

Commencing with a few committees in each branch, the num¬ 
ber has increased until in the Sixty-first Congress the Senate had 
72 and the House 62 committees. In size these vary ueveiop- 
from three to twenty members, the average member- mentof 
ship being about eleven in the Senate and fifteen in the committee 
House. Every member of the House serves on at least 
one committee, and all Senators serve upon two or more. House 
committees are appointed by the Speaker, Senate committees 
elected nominally by the Senate, but in practice by the caucus of 
the majority and minority parties. The minority party is given 
such representation upon committees as the majority sees fit 
to allow — their representation being sometimes proportioned to 
the total minority membership. 

All of the more important committees have rooms assigned 
them in or near the capitol, and meeting^are held at certain 
hours on specified mornings. It is in these committee- 
rooms that most of the real work of legislation is per- 
formed. The committees confer with administrative 
officials, listen to persons interested in proposed measures, sum¬ 
mon and examine witnesses, and sift carefully the mass of meas¬ 
ures referred to them for consideration.^ Committee sessions 

1 An immense volume of l^slation is considered by the committees, the number of bills 
referred now exceeding 20,000 for each Congress. Of these only about one twentieth are 


276 


GOVERNMENT AND POLITICS 


are commonly secret, although open to members of Congress; but 
considerable publicity is secured through public hearings, and the 
printing of committee reports. 

The advantages of the committee system are: (1) It affords 
a convenient means of eliminating worthless bills without taking 
Advantages 1^^® house. (2) It enables Congress to 

ol committee dispatch an immense volume of business by subdivid- 
system legislation. (3) It promotes specializa¬ 

tion of legislative work, since members may be placed on com¬ 
mittees for which their previous training has especially fitted 
them. (4) It enables Congress through its administrative com¬ 
mittees to scrutinize the work of the executive departments. 
(5) It offers a suitable means of cooperation between the execu¬ 
tive and legislative departments. 

The defects of the committee system have been summarized 
by Bryce ^ as follows: (1) It destroys the unity of the house as a 
legislative body. (2) It prevents the capacity of the best 
members from being brought to bear upon any one 
piece of legislation, however important. (3) It cramps debate and 
deprives the country of the light on public affairs which debates 
in Congress ought to supply. (4) It lessens the cohesion and har¬ 
mony of legislation, since laws proposed by fifty different groups 
without any common oversight or control are almost certain to 
be inconsistent and contradictory. (5) It gives facilities for the 
exercise of underhanded and even corrupt influence. (6) It reduces 
responsibility. (7) It lowers the interest of the nation in the pro¬ 
ceedings of Congress. (8) It throws power unaccompanied by 
adequate responsibility into the hands of the chairmen of com¬ 
mittees, especially those dealing with finance and other great 
material interests. 


Defects 


and refer¬ 
ence of l)llls 


342. The Process of Legislation. Every bill introduced 
in the House or Senate is read the first time by title only. 
Introduction referred by the presiding officer to the 

proper committee. The fate of the bill then rests 
with the committee; and “not having been dis¬ 
cussed, much less affirmed in principle by the House, a bill 
comes before its committee with no presumption in its 
favor, but rather as a shivering ghost stands before Minos 

enacted into law. At a single session, over 1000 bills are sometimes referred to one of the 
more important committees. 

^ The American Commonwealth, i, 169-162. 


CONGRESSIONAL METHODS 


277 


in the nether world.” ^ The committee may amend the 
bill as it pleases; or if unfavorable to the measure, may 
report it adversely, or too late for legislative action, or fail 
to report it at all.^ If a bill receives the approval of the com¬ 
mittee, it is reported back to the House or Senate with a 
recommendation that it be passed. It is then read a second 
time in full, and is placed upon the calendar — “ the ceme¬ 
tery of legislative hopes” — along with hundreds of other 
bills. Here it must ordinarily await its turn, unless the 
committee on rules sees fit to direct immediate considera¬ 
tion. If a bill reaches the third reading, it is read by title 
only unless a reading in full is demanded, and the question 
is then put whether the bill shall pass. 

In the House, debate is limited in several ways: (1) No member 
may occupy more than one hour in debate on any question, ex¬ 
cept the member in charge of the bill, who may have an 
additional hour at the close. (2) In the committee of Sw Hoiwe 
the whole, speeches are limited to five minutes on each 
question.® (3) No member except the one who has introduced the 
bill may speak more than once on the subject without special 
permission from the House. (4) Before the debate begins, the chair¬ 
man of the committee in charge of the bill, in consultation with 
the Speaker, arranges a list of members who are to be heard for 
and against the measure; and no others wfil be recognized by the 
Speaker — control of debate being thus placed in the hands of 
the Speaker and his lieutenants, the committee chairmen. (5) It 
is customary for the member in charge of the bill, after a limited 
discussion, to move the previous question, a motion which cuts 
off debate and brings the House to a direct vote upon the question. 

In the Senate, debate is unlimited, and the absence of a closure 
rule makes it possible for Senators to defeat a measure by talk¬ 
ing indefinitely upon the subject. Although this priv- 
ilege of unlimited discussion is sometimes abused, the senate 
Senate has repeatedly refused to adopt a rule cutting 
off debate. It proceeds upon the theory that if hasty and ill-con- 

* Bryce, James, The American Commonwealth, i, 157. 

* The House may discharge a committee from further consideration of a bill and take it 
up directly, but this is rarely done. 

* “The committee of the whole forms a convenient body for discussion and provisional 
voting on measures. In it, 100 constitute a quorum, and the Speaker’s chair is taken by some 
other member. Measures approved in it are reported to the House for formal adoption.” — 
Beard, C. A., American Government and Politics, p. 274, note 1. 


278 


GOVERNMENT AND POLITICS 


sidered legislation is to be prevented, entire freedom of discussion 
must be allowed. 

Votes in Congress are taken in one of four ways: (1) By 
viva voce vote, in which case the presiding officer calls in 
Methods turn for the “ayes and noes,’’ and decides by the 
oi voting volume of sound whether the motion has been 
carried or lost. (2) By a standing vote, whereupon those 
for and against the motion rise in succession and are counted 
by tellers. (3) By passing between tellers in front of the 
Speaker’s desk. (4) By roll-call, or vote by yeas and nays. 
In this case the clerk calls the roll and each member as his 
name is reached answers “aye” or “no,” the vote being 
then recorded in the journal. 

If a bill receives a majority vote in one house, it is en¬ 
grossed and submitted to the other, where the same pro- 
Conierence cess is repeated. Either house may amend any 
committees measure proposed by the other; but in case of 
amendment, however trivial, the bill must be returned to 
the house in which it originated. In the event of failure to 
agree upon an important measure, it is customary for each 
branch to appoint members of a conference committee which 
endeavors to adjust the differences. The report of this com¬ 
mittee is generally a compromise between the opposing 
views. If the conference report is passed by both branches, 
an enrolled copy is prepared and signed by each presiding 
officer; and the bill is then ready to be submitted to the 
President. 

343. Relations of Congress to the President. If the 
President approves the measure and affixes his signature. 
President’s it thereupon becomes law. Otherwise he may 
veto the act, that is, return it to the house in 
which it originated, with a written statement of his objec¬ 
tions. The objections are entered at large upon the journal 
of the house, whereupon the measure cannot become law 
unless upon reconsideration it receives a two-thirds vote 
of each house. 


CONGRESSIONAL METHODS 


279 


In addition to the exercise of his veto power, the Pre¬ 
sident may influence the action of Congress in the follow¬ 
ing ways: (1) by his annual message to Congress; Executive 
( 2 ) by calhng a special session of Congress and 
urging certain legislative measures; (3) by contact Congress 
and communication through the executive departments 
with the congressional committees and their chairmen; 

(4) by the distribution of executive patronage. 

On the other hand, Congress may bring its influence to 
bear upon the President in several ways: ( 1 ) By resolu¬ 
tion, calling upon the President or an executive oongres- 
department to adopt a certain course, or censur- 
mg a course already taken, or requesting the sub- the Pre- 
mission to Congress of papers and information 
upon which the executive department has based its action. 
( 2 ) By an investigating committee, appointed to inquire 
into the management of an executive department. (3) By 
refusing legislation recommended by the President, in order 
to embarrass his administration. (4) By withholding an 
appropriation necessary to carry out an executive policy. 

(5) By the use of a rider ^ to an appropriation bill. ( 6 ) By 
passing measures restricting the scope of executive powers; 
for example, requiring the President or his secretaries to 
do or refrain from doing something formerly left to their 
discretion. (7) By impeachment, “the heaviest piece of 
artillery in the congressional arsenal.” 

344 . Limitations on the Legislative Powers of Congress. 
Since the government of the United States is one of de¬ 
legated powers, it follows that the legislative General 
authority of Congress is derived from the federal 
constitution and restricted by its terms. The power to 
legislate must be granted by the constitution either in ex¬ 
press terms or by necessary implication; or the power must 
be one which is necessary and proper to carry into effect 
powers therein granted. 

* “A ‘rider’ is an unrelated piece of legislation attached to another legislative measure 
with the purpose of having it ride through on the merits of the measure to which it is 
attached.” — Woodburn, J. A., The American Republic and its Government, p. 307. , 


280 


GOVEKNMENT AND POLITICS 


Further, an act of Congress must not violate any of the 
restrictions expressly imposed upon Congress by the federal 
Specific constitution. These are found mainly in the first 
limitations amendments, and also in Section 9 of Article i. 
The first ten amendments constitute a federal bill of rights, 
designed to secure personal and political rights (freedom 
of speech, trial by jury, and the like) from invasion on the 
part of the federal government.^ The principal legislative 
powers withheld from Congress by Section 9 of Article i, 
are as follows: — 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

No money shall be drawn from the treasury, but in conse¬ 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

No title of nobility shall be granted by the United States. 

’ 345* Classification of Congressional Powers. The powers 
granted to Congress by the federal constitution may be 
classified under two heads: ( 1 ) express powers, or those 
specifically enumerated in the constitution; ( 2 ) implied 
powers, or those which are incident to express powers and 
necessary to their execution. 

346 . Express Powers of Congress. The powers expressly 
granted to Congress are enumerated in Section 8 of Arti¬ 
cle I, and in Section 3 of Article iv, and are as follows: — 

(1) To lay and collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common defense and general 
welfare of the United States. 


1 See Section 284. 


CONGRESSIONAL METHODS 


281 


(2) To borrow money on the credit of the United States. 

(3) To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

(4) To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States. 

(5) To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

(6) To provide for the punishment of counterfeiting the secur¬ 
ities and current coin of the United States. 

(7) To establish post offices and post roads. 

(8) To promote the progress of science and useful arts by grant¬ 
ing copyrights and patents. 

(9) To constitute tribunals inferior to the Supreme Court. 

(10) To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations. 

(11) To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

(12) To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years. 

(13) To provide and maintain a navy. 

(14) To make rules for the government and regulation of the 
land and naval forces. 

(15) To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions. 

(16) To provide for organizing, arming, and disciplining the 
militia, and for governing such parts of them as may be employed 
in the service of the United States. 

(17) To exercise exclusive legislative authority over the Dis¬ 
trict of Columbia — the seat of government of the United States; 
and to exercise similar authority over all places purchased for the 
erection of forts, magazines, arsenals, dockyards, and other pub¬ 
lic buildings. 

(18) To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United 
States, or in any department or officer thereof. 

(19) To dispose of and make all needful rules and regulations 
respecting the territory and other property belonging to the 
United States. 

(20) To admit new States into the Union. 

347. Implied Powers. We have seen that Congress is 
expressly authorized to make all laws “ necessary and pro- 


' 282 


GOVERNMENT AND POLITICS 


per** for carrying out the powers granted by the federal 
« .V - 4 — constitution. This clause is the foundation of the 
lor doctrine of implied powers. While the federal 

exercise . . « , i ... 

government is one oi enumerated powers, it is 

not limited to powers expressly granted by the constitu¬ 
tion, but may exercise others which are properly incident 
to express powers, and necessary to their execution.^ 

It would be impossible to enumerate all the classes of 
statutes enacted by Congress in the exercise of its implied 

Illustrations ^ illustrations will show the prac¬ 

tical working of the principle. For example, “ the 
money powers of the federal legislature are held to give it 
the right to issue bonds and establish a system of national 
banks. Its power to regulate commerce invests it with au¬ 
thority to improve rivers and harbors, to maintain a coast 
survey, life-saving stations, and a naval observatory, to 
regulate the liabilities of ocean carriers and the charges of 
railroads, and to protect commerce against unlawful re¬ 
straints and monopolies, and illegal combinations and trusts. 
Its power to lay and collect taxes furnishes the authority for 
the establishment and maintenance of the whole elaborate 
system for the collection of the customs duties, and inter¬ 
nal revenue. Its authority to establish post offices and post 
roads includes the power to secure the passage of the mails 
from all obstructions or interruptions, to punish offenses 
against the postal laws, to exclude lottery advertisements 
and indecent matter from the mails, and to grant to tele¬ 
graph companies a right of way over the public domain. 
Wherever Congress advances to fill the sphere of legislat¬ 
ive jurisdiction confided to it by the great grants of the 
constitution, there advances with it the right and power to 
choose the means by which its laws shall be made effectual, 
and which are appropriate to the ends it is designed to 
accomplish.** ^ 

* For Chief-Justice Marshall’s statement of the doctrine of implied powers, see Section 
299. 

* Black, H. C., Constitutional Law, p. 237. 




(By courtesy of the Superintendent of the United Stales Capitol and Grounds) 

THE XEW OFFICE BUILDING OF THE UNITED STATES SENATE 
There is a similar building for the House of Representatives. 


(By courtesy of Foster and Reynolds, Mew Fork) 

THE EXECUTIVE OFFICES 
Connected with the White House by a portico. 
































H. R. 9541, 


^Sidn-first Conarcss of fk 'Mnitfb .Stkfs of 3immfa: 

the J^ivst .Scssicni, 

Begtin aad held at the City of U’asliingtou on Mondavj the llftcentlt day oi Maiclj, 
one thousand nine hundred and nine. 


AX, AC’T 

lo amolul an A<) Miiiili’d "An Act i('iii]airai'iiy tn iimviilc revemu''^ and a 
fivil Kovt’niiiii'ni fi>r I’urin llico. and Inr nilior " a]i|ii'nvi‘d April 

Ittt'lllli, liliictci'ii liiuidrnd. 


lit- it ruitrtni lit/ till Stiiith iitiil IjtiU'ii- of Iii pn iti ntfiltrrs of l/o f'oltitl 
oj Aim rica in I'out/,; •<.■1 ii^sniiltl,il, 'riuit tla- Ar( cntitli'd "An Ari 
temporarily to provide revenues and a civil trovernmeiif lor I’orto l!ii-o, and 
lor oilier purposes." api.roved A|n-il iwelltli. nineteen Iniiidred. is lierein 
amended liy inserlino at the end of section tliirl\-one of said A< l tin- lollowini: 
additional proviso: 

^liitl /irovitliil jiitilot; lliat it at the termination of any ti>eal year the 
approprialious necessary for the support of er.vermnetit for the enstiinir li'cai 
rear shall not have heen made an aniontit eiptal to the stuns appropriated in 
the last appropriation hills for such puri>ose shall he deemed to he tipproj.riaieil; 
and until the leg-islatiire sitall act in siicli helialf the treasurer niav. with the 
advice of the fjovernor, inaki' the paytmaits necessary for the piu-|ioses 
aforesaid.” 

Skc. 2. Hint all rejairts reipiired hy law to lie made hv the eovernor or 
members of the executive eouneil of Porto Uico to atiy ollicial in the Tnited 
States shall hereafter he made to an executive di'iiartment of the (iovenmient 
of the 1 nited .States to he designated hv the President: and the President is 
hereby authorixed to place all tnatters pertaining to the government of Porto 
Itieo in the jurisdiction of such deparlntent. 






Speaker of the Home of Ikprettoilotit; >. 

V 


Vice-PresiiileHt of the Unitor/ S/tihvi an// 

I'nsii/fitt of the iSev:.','. tiV iSjs'o 





• t' 




THE FORM OF A FEDERAL LAW 































CONGRESSIONAL METHODS 


283 


GENERAL REFERENCES 

Beard, C. A., American Government and Politics (1910), chs. xii-xiv. 

- Readings in American Government and Politics (1910), ch. xiv. 

Benton, T. H., Thirty Years' View (1854-56). 

Blaine, J. G., Twenty Years of Congress (1884). 

Bryce, James, The American Commonwealth (1907), i, chs. xv-xvi, xviii- 

XX. 

Follett, M. P., The Speaker of the House of Representatives (1904). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xix. 
Fuller, H. B., Speakers of the House (1909). 

Hart, A. B., Actual Government (1903), ch. xrv. 

- Practical Essays on American Government (1905), nos. i, ix. 

Harrison, B., This Country of Ours (1903), chs. ii-iii. 

Kaye, P. L., Readings on Civil Government (1910), pp. 129-148. 

Kent, James, Commentaries on American Law (14th ed., 1896), i, lecture 

XI. 

Lodge, H. C., Historical and Political Essays (1898), pp. 169-197. 

Lowell, A. L., Essays on Government (1889), no. i. 

McConachie, L. G,, Congressional Committees (1898). 

Moore, J. W., The American Congress (1895), ch. xxxiv. 

Reinsch, P. S., American Legislatures and Legislative Methods (1907), 
chs. i-iii. 

- Readings on American Federal Government (1909), chs. vi, vii. 

Sherman, John, Recollections (1895). 

Story, J., Commentaries on the Constitution of the United States (5th ed., 
1905), I, secs. 814-904. 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 257-315. 


QUESTIONS AND EXERCISES 

1 . What is the number of the present Congress? When does its term 
begin and end? When is the long session? The short session? 

2 . Give historical examples of important special sessions of Congress. 
What do you understand by the legislative calendar? The Congres¬ 
sional Record? 

3. Which political party has control in each house? What majority has 
the dominant party? 

4. Under our constitution each house has authority to decide questions 
concerning the election and qualifications of its members, while in 
the House of Commons disputed elections are referred to a judicial 
tribunal. Point out the advantages of each method. 

5 . To what extent may the federal government regulate elections to 
Congress? 

6 . Discuss the position and powers of the Speaker of the House of Repre¬ 
sentatives, especially his powers (a) of recognition, (b) of appointing 
committees, and (c) of referring bills to committees. 

7 . Contrast the position of the Speaker of the House with that of the 
President of the Senate. 

8 . Too is the Speaker of the present House? From what State does he 
come? Are Speakers frequently reelected? What Speaker served long¬ 
est in this position? 





284 GOVERNMENT AND POLITICS 

9. Write an account of the struggle in the Sixty-first Congress to limit 
the powers of the Speaker. 

10. Summarize the advantages and defects of the committee system of 
legislation. 

11. Name the most important committees of each branch of Congress, and 
their chairmen. (See the latest Congressional Directory.) 

12. On which committees is your Representative? Committee positions 
of your Senators? 

13. What is meant by the committee of the whole? Describe the pro¬ 
cedure in this committee. 

14. Answer the same for conference committees. 

15. Were any important measures referred to conference committees at 
the last session? Were any vetoed by the President? 

16. Select a law which was passed at the last session of Congress, and 
learn when it was first introduced as a bill, to what committee it was 
referred, when it was reported, how long debated and by whom, and 
the final vote upon it in the house where introduced. Follow it through 
the other house in the same way, and state when it was signed by the 
President. 

17. What volumes would you examine in order to ascertain the law of 
Congress upon any subject? 

18. Can a bill be carried through all its stages and become a law, all in 
one day? 

19. When does an act of Congress take effect? How are federal statutes 
promulgated? 

20 . Contrast the rules of the Senate and House concerning debate. 

21 . Prepare a report upon the implied powers of Congress. 

22 . Give instances of laws passed by Congress in the exercise of each of 
the following: financial powers; commercial powers; military powers; 
territorial powers; power to define and punish crimes; power to regu¬ 
late the election of presidential electors. Senators, and Representatives. 

23. Prepare an outline showing (a) the principal subjects of federal legis¬ 
lation; (b) of State legislation; (c) of local legislation. 

24. May a Congress bind a succeeding Congress? 

25. May the President submit drafts of bills to Congress? 

26. What do you understand by each of the following terms: the lobby; 
filibustering; log-rolling; party caucuses; strike bills; riders? 

27. Describe the obstruction methods sometimes resorted to in Congress. 
Mention recent cases of filibustering in the Senate or House. 


CHAPTER XXV 


ORGANIZATION OF THE FEDERAL EXECUTIVE 

348. Method of electing the President. Under the 
Articles of Confederation, there was no national executive, 
and this had proven one of the fatal defects of Debates in 
the Confederation government.^ Hence in the SSnJfc“on- 
Constitutional Convention of 1787 , there was venuon 
imanimity as to the need of an executive department. The 
method of election was the subject of prolonged debate, 
the proposed plans including election by direct vote of the 
people, by Congress, and by electors chosen in various ways. 

Shortly before adjournment, the Convention decided 
that the choice of a President should be entrusted to elect¬ 
ors chosen in such manner as the State legislatures direct.^ 
The arguments in favor of this method were that o^oico by 
it would obviate the objections to both popular Electoral 
and congressional elections; and that it would en¬ 
trust the selection to men qualified to exercise a wise choice, 
and capable of acting independently and deliberately. This 
expectation of an independent choice has not been realized 
in practice, since the electors in casting their votes do not 
exercise discretion, but merely register the will of their 
party as expressed through its nominating convention. 
In spite of its serious defects, this method of indirect elec¬ 
tion has at least two advantages: (1) no President can be 
chosen who does not have supporters in about half the 
States, thus decreasing the danger of a sectional choice; 

* The presiding officer of Congress acted simply as a chairman, and was in no sense the 
executive head of the government. 

* The origin of this plan is perhaps to be found in the provision of the Maryland con¬ 
stitution of 1776, under which State senators were chosen by electors who were themselves 
chosen by the people. 


286 


GOVERNMENT AND POLITICS 


Methods 
of choice 


and ( 2 ) it lessens the temptation to perpetrate election 
frauds in States which have large pluralities in favor of one 
of the political parties.^ 

349 . Number and Choice of Electors. Each State has a 
number of presidential electors equal to the aggregate 
Numher of number of Senators and Representatives to which 
electors jg entitled in Congress. Thus New York having 

thirty-seven Representatives and two Senators is entitled 
to thirty-nine electors; while Nevada with one Representa¬ 
tive and two Senators has three electors.^ 

The manner of choosing electors is left to the State legis¬ 
latures, which have tried three different methods: 
electW by the legislature itself; popular election 
by single districts; and popular election by general ticket. 

At first in a majority of commonwealths, electors were 
Election by chosen by the State legislatures; but with the 
legisiatuie growth of democratic ideas this plan was grad¬ 
ually abandoned in favor of popular election, which now 
prevails in every State.^ 

Two different methods of popular election have been 
tried — the district and the general ticket systems. Under 
Election district plan formerly used, each voter cast his 

by popular ballot for three electors — one for the district in 
which he lived and two for the State at large. 
Election by districts was gradually supplanted by the gen¬ 
eral ticket system, under which each voter casts his ballot 
for all the electors to which the State is entitled.'* Under 


* Thus if the President had been chosen by direct popular vote in the year 1908, there 
would have been a temptation to increase, by fraudulent manipulation, the Republican 
plurality of 123,537 in Pennsylvania, or the Democratic plurality of 151,135 in Texas; but 
no amount of manipulation could give the Republicans more than thirty-four electoral 
votes in Pennsylvania, or the Democrats more than eighteen electoral votes in Texas. 

* The total number of presidential electors is therefore equal to the entire number of 
Representatives plus the total number of Senators. 

* By 1832 the only State retaining election by the legislature was South Carolina, which 
adhered to this plan until 1868. 

* Maryland was the last State to give up the district system, which she abandoned after 
the election of 1832. Since then the district plan has not been used in any State except for 
two years in Michigan. In 1891 the party then dominant in the Michigan legislature, 
realizing that it could not carry the electoral vote of the State as a whole, adopted the dis¬ 
trict system in order to gain the electoral votes of some districts. The plan was success¬ 
ful in dividing Michigan’s electoral vote in 1892, but the act was repealed the following year. 


ORGANIZATION OF FEDERAL EXECUTIVE 287 


the general ticket plan (now universal throughout the 
Union), the ticket of one party is usually carried entire, 
since its supporters ordinarily vote for all the electors, 
whose sole function is to vote for the party’s presidential 
candidate. This method concentrates the struggle in the 
doubtful States, especially in those which have large elect¬ 
oral votes.^ 

350 . Qualifications for Electors and Voters. The only 
constitutional qualification for electors is the negative 
one that they shall not hold any oflSce of trust or profit 
under the United States. In practice the district electors 
must be residents of their respective districts. 

The qualifications for voters in presidential elections are 
the same as those for voters for the more numerous branch 
of the State legislature. Generally the suffrage is bestowed 
upon all male citizens twenty-one years of age who have 
resided within the State a certain period — frequently one 
year. 

351 . Time of Choosing Electors. Congress is empowered 
by the constitution to appoint a day for choosing the elect¬ 
ors, and this day is to be uniform throughout the United 
States. In 1845 Congress prescribed the Tuesday following 
the first Monday in November of each leap year.^ The 
election held on this day is popularly called the presidential 
election, as it is in effect; but speaking strictly, no votes 
are given at all for President and Vice-President on that 
day, but only for certain electors. About two months later 
the electors who have been chosen meet, and by their votes 
elect the nominee of their party. 

352 . Meeting of the Electoral College. In each State the 
electors who have received a plurality of the casting the 
popular vote assemble at the State capital on the electoral 
second Monday in January following their elec¬ 
tion. Here they proceed to vote in distinct ballots for Pre- 

» In 1884, Grover Cleveland secured all of New York’s thirty-six electoral votes, although 
his plurality was only about one thousand out of a total of over one million votes cast in 
that State. 

* Also in 1900, which was not a leap year. 


'288 


GOVERNMENT AND POLITICS 


si dent and Vice-President, one of whom at least must not 
be an inhabitant of their own State. Three duplicate lists 
are then made giving the names of all persons voted for 
as President and Vice-President, respectively, and the 
number of votes for each. To each of these lists is attached 
a copy of the certificate of election signed by the governor 
of the State. The lists are then signed by all the electors, 
sealed, and certified as containing all the votes of the State 
for President and Vice-President. A special messenger — 
generally one of the electors — takes one of these lists to 
the President of the Senate at Washington; another list is 
sent by mail to the same officer; and the third is depos¬ 
ited with the United States district judge of the district 
in which the electors meet. 

353* Coimting the Electoral Vote. In accordance with 
the statute passed in 1887, the count of the electoral vote 
Process occurs on the second Wednesday in February 
following the meeting of the electors. Both 
houses of Congress assemble in the hall of the House of 
Representatives, whereupon the President of the Senate 
opens the certificates, and the count is begun. The vote 
of a majority of all the electors appointed is necessary to 
the choice of both President and Vice-President. Except 
in case of disputed returns, the count is a mere form, since 
the result is ordinarily known three months before. 


354 . The Disputed Election of 1876 . The constitution 
simply provides that “the votes shall then be counted,” ^ appar¬ 
ently contemplating a mere enumeration. No method 
retoMl established for deciding as to the admissibility of 

doubtful votes, and this omission led to serious dif¬ 
ficulty in the disputed election of 1876. At the time of this elec¬ 
tion there were 369 electoral votes, the number necessary to a 
choice being 185. Tilden and Hendricks, the Democratic nominees, 
received 184 undisputed votes; while Hayes and Wheeler, the 
Republican candidates, received 163 votes which were not con¬ 
tested. Four commonwealths, Oregon, Florida, Louisiana, and 
South Carolina, with an aggregate of 22 electoral votes, sent in 

* Constiiution, Amendment xir. 


ORGANIZATION OF FEDERAL EXECUTIVE 289 


double sets of returns, both the Democratic and Republican 
electors claiming to have been chosen.^ As the Senate was Re¬ 
publican and the House of Representatives Democratic, it was 
evident that Congress would not readily agree upon a solution 
of the questions involved. 

After bitter and protracted discussion, a measure was passed, 
creating an electoral commission to consist of fifteen members, 
including an equal number of Senators, Representa- The 
tives, and justices of the Supreme Court. Disputed Electoral 
returns were to be referred to this commission, and its Commission 
decisions were to be final unless reversed by vote of both houses. 
The commission voted on strictly partisan lines, and by a vote of 
eight to seven decided that the twenty-two electoral votes in dis¬ 
pute should be counted for the Republican candidates, who were 
thereby elected by a vote of 185 to 184. In order to prevent an¬ 
other complication of this kind. Congress passed the act of 1887, 
regulating in detail the counting of the electoral vote.^ 

355. Election by the House of Representatives. The 

constitution requires for the election of President “a majority 
of the whole number of electors appointed.” If no person has a 
majority, the House of Representatives, in accordance with 
the twelfth amendment, elects the President by ballot from 
among the three candidates having the highest number of elect¬ 
oral votes. The vote in the House is taken by States, the delega¬ 
tion from each commonwealth having one vote; and a majority 
of all the States is necessary for a choice.* In case the House does 
not choose a President before the fourth of March, the newly- 
elected Vice-President becomes President. 

356. Elections of 1800 and of 1824. Two elections, those 
of 1800, and of 1824, have been decided by the House. In the elec¬ 
tion of 1800 both Jefferson and Burr received the same 
number of electoral votes, 73. This was a majority of j^gQQ 
the whole number of votes (138), but the tie resulted 

from the fact that under the original provision of the constitution 

1 In Oregon one electoral vote, only, was in dispute. 

* If but one return is received from any State, its vote cannot be rejected if regularly given 
by electors whose appointment has been duly certified by the governor. In case more than 
one return is received, if there has been a determination by a State authority or tribunal as to 
who are the legal electors, such determination is conclusive; if conflicting decisions are made 
by different tribunals, each claiming power to act, the vote of the State is rejected unless the 
two houses of Congress agree as to who are the legal electors. In case no such determination 
has been made by State authority, and one set of electors has been certified by the governor, 
the vote given by them is to be received unless both houses, acting separately, agree to reject; 
while if neither set of electors has a certificate, the vote is not to be counted unless both 
houses, acting separately, agree as to who are the legal electors. 

* In case of election by the House, members must be present from two thirds of the 
States. 


290 


GOVERNMENT AND POLITICS 


Election 

011824 


the electors voted simply for two candidates, without designating 
separately their choice for President and Vice-President. After 
an exciting contest, Jefferson was elected on the thirty-sixth bal¬ 
lot. This contest led to the adoption of the twelfth amendment, 
which establishes the present method of election. 

Again in 1824 the House was called upon to decide the con¬ 
test. Of the electoral votes, Andrew Jackson had received 99, 
John Quincy Adams, 84, W. H. Crawford, 41, and 
Henry Clay, 37. No one having the necessary majority 
(131), the House proceeded to elect from the three 
highest candidates. On the first ballot Adams was chosen by the 
following vote: Adams, 13, Jackson, 7, Crawford, 4. 

357. Changes in the Process of Election. Four elec¬ 
tions were held under the original provision of the constitution, 
Byconsti- ^^1^ election of 1800 demonstrated the need of a 
tutional separate ballot for President and Vice-President in 
amendment Qj-der to remove the possibility that the candidate for 
Vice-President might defeat the candidate intended for Pre¬ 
sident. Accordingly the twelfth amendment was proposed by 
Congress in December, 1803, and ratified by the legislatures of 
three fourths of the States in the following year. The principal 
points of difference between the original and the present methods 
are, that the electors now cast separate ballots for President and 
for Vice-President; and that when the election devolves upon the 
House, that body chooses from the three highest candidates, 
instead of from the five highest, as under the original clause. 

The intention of the framers of the constitution was that the 
electors should act independently in selecting a President. But in 
the third election (1796), it was understood that the 
praSce^*^^ Federalist electors were to vote for Adams, and the Re¬ 
publican-Democratic electors for Jefferson; and since 
that time there has never been a case where an elector has voted 
contrary to the expectations of those who chose him. Candidates 
for President and Vice-President are now nominated by national 
conventions ^ of the political parties (usually held in June or July), 
composed of delegates from each State (two from each congres¬ 
sional district and four from the State at large). After the nom¬ 
ination of candidates by the national convention. State or district 
conventions of each party nominate electors whose sole function 
if elected is to vote for the candidates previously nominated. No 
provision of the constitution is stronger than the unwritten law 
that a presidential elector is required to vote for his party candi¬ 
date. 


See Chapter xxxvii. 


ORGANIZATION OF FEDERAL EXECUTIVE 291 


Thus the judgment of the political party acting through its 
convention has been substituted for that of the individual elect¬ 
ors. The letter of the constitution is followed, but not 
the spirit; for the President and Vice-President are in control of 
fact chosen by the people acting through the machinery choice of 
of political parties; and the electors are merely a cog 
in the machine. By thus suppressing the discretion of the electors 
and making them mere registers of the popular will, the Pre¬ 
sidency has been made a democratic and a representative insti¬ 
tution. 

358 . The Inaugural Ceremony. The President-elect usu¬ 
ally goes to Washington a short time before March 4, on which 
day the inaugural ceremony occurs. On the day of the oath of 
inauguration, he is escorted by the committee in charge office and 
to the Executive Mansion or White House, and then 
accompanied by the outgoing President he proceeds to the capitol. 
The constitution requires that before entering upon his duties he 
shall take an oath to faithfully execute the office of President, 
and to preserve, protect, and defend the constitution. A plat¬ 
form is erected on the east front of the capitol, and here in the 
presence of immense throngs of people, the oath is administered 
by the chief justice of the United States. ^ The President then 
delivers an address outlining his proposed policies. This con¬ 
cludes the inaugural ceremony proper, after which the President 
returns to the White House and reviews a procession which is 
generally several hours in passing. 

359 . Presidential Term, Salary, and Qualifications. The 
original preference of the Constitutional Convention was 
for a single term of seven years, but this was Four-year ^ 
finally changed to a term of four years, with no 
restriction as to reeligibility. The term commences on the 
fourth day of March of each quadrennial year succeeding 
March 4, 1789. Precedent and custom having almost 
the force of law have placed a limit upon the number 
of terms a President may serve. Washington served two 
terms, but declined to be considered for a third, thereby 
establishing a precedent which has since been followed. 
In 1880 an effort was made to nominate ex-President Grant 

1 This is merely a custom, not a law. The oath may be taken before any official entitled 
to administer oaths, and in case of the succession of a Vice-President, is ordinarily taken 
without special ceremony. 


S92 


GOVERNMENT AND POLITICS 


for a third term; but its failure served to strengthen the 
unwritten rule that no President is eligible for a third term.^ 

The qualifications prescribed by the constitution for 
the Presidency relate to citizenship, residence, and age. 
QnaiUica- Natural-born citizens,^ who have resided in this 
country at least fourteen years, and have at¬ 
tained the age of thirty-five years, are eligible. The 
Vice-President must have the same qualifications. 

The compensation of the President is fixed by Congress, 
but may not be increased or diminished during the existing 
presidential term. The first salary act passed in 
1789 fixed the President’s salary at $25,000 a year; 
in 1873 this was changed to $50,000, and in 1909 to the 
present salary, $75,000. In addition. Congress pays certain 
expenses connected with the White House, and makes 
other allowances for expenses incidental to the presidential 
office.* The annual salary of the Vice-President is $ 12 , 000 . 

360 . The Vice-President. In case of failure to elect a 
President, or of his death, resignation, inability to discharge 
his duties, or removal by impeachment, the office 
devolves upon the Vice-President. The ordinary 
function of the Vice-President is to preside over the de¬ 
liberations of the Senate; but he is not a member of this 
body, and his influence upon the Senate is ordinarily slight, 
since he does not appoint its committees and has no vote 
except in case of a tie. 

The Vice-President is generally nominated not with re- 

„ . ference to his fitness to succeed the President, but 

Snccession 

because of his “availability” — to help carry a 


Funotlons 


* Eight Presidents have been reelected as their own successors, namely: Washington, 
Jefferson, Madison, Monroe, Jackson, Lincoln, Grant, and McKinley; one President, 
Cleveland, was reelected after an intervening term; and Roosevelt was elected President 
after he had succeeded to the office upon the assassination of McKinley. 

* The constitution restricts eligibility to “a natural-born citizen, or a citizen of the United 
States at the time of the adoption of this constitution.” The exception in this last clause 
was in favor of men of foreign birth (like Alexander Hamilton and James Wilson) who had 
performed splendid service during the Revolutionary period. It would have been ungra-, 
cious to render such men ineligible to the presidential office; hence the exception, which of 
course is no longer of practical effect. 

* The total amount set apart for the use of the President in the appropriation bill ofl 
1909 was $329,420. 


ORGANIZATION OF FEDERAL EXECUTIVE 293 


doubtful _State, or to placate a defeated faction in the 
nominating convention. Yet five times in our history the 
succession has devolved upon the Vice-President. By the 
death of Harrison in 1841 and of Taylor in 1850, Tyler 
and Fillmore, respectively, became Presidents; and by the 
assassination of Lincoln in 1865, of Garfield in 1881, and 
of McKinley in 1901, Johnson, Arthur, and Roosevelt, re¬ 
spectively, succeeded to the Presidency.^ 

361 . Election of Vice-President by the Senate. The 
Vice-President is chosen by electors in exactly the same 
manner as the President; but if no person receives Method 

a majority of all the electoral votes for Vice-Pre- • 

sident, then in accordance with the constitution the Senate 
elects that oflBcer from the two candidates having the high¬ 
est number of electoral votes, a majority of the whole 
number of Senators being necessary to a choice. The Sen¬ 
ators vote as individuals, each member having one vote.^ 

362 . Statutory Presidential Succession. Congress is 

empowered to designate by law who shall succeed in case 

the offices of both President and Vice-President . , , „ 

. 1.11 Act of 1886 

become vacant — a contingency which has never 

yet occurred.® In 1886 Congress passed the present law, 
which, with later amendments, provides for succession by 
cabinet officers in the following order: Secretary of State, 
Secretary of the Treasury, Secretary of War, Attorney- 
General, Postmaster-General, Secretary of the Navy, Sec¬ 
retary of the Interior, Secretary of Agriculture, Secretary 
of Commerce and Labor. In order that the succession 
may devolve upon a cabinet officer, he must have the con¬ 
stitutional qualifications prescribed for the Presidency. 

1 The succession of b«th Tyler and Johnson proved a serious disappointment to the party 
which had elected them. Each had been nominated because of his “availability” — to 
strengthen the ticket. 

* Only once in our political history has the choice of Vice-President devolved upon the 
Senate. In the election of 1836, Richard M. Johnson received 147 electoral votes for Vice- 
President out of a total of 294, lacking one vote of the requisite majority. He was chosen 
by the Senate, the vote standing: Johnson, 33; Granger, 16. 

• The statute of 1792 provided that the President pro tern of the Senate should be next in 
succession, then the Speaker of the House, — a new presidential election to follow within 
two months. 


294 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), secs. 326-336. 

Beard, C. A., American Government and Politics (1910), ch. ix. 

Black, H. C., American Constitutional Law (1897), pp. 89-97. 

Bryce, James, The American Commonwealth (1907), i, ch. v. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 216-247. 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xxii. 

Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 

LXVII-LXXII. 

Harrison, Benjamin, This Country of Ours (1903), chs. iv-v. 

Hart, A. B., Actual Government (1903), ch. xv. 

- Practical Essays on American Government (1905), no. iiL 

Kaye, P. L., Readings in Civil Government (1910), pp. 184-196. 

Schouler, James, Constitutional Studies (1904), pp. 156-168. 

Stanwood, Edward, History of the Presidency (1904). 

Story, J., Commentaries on the Constitution (5th ed., 1905), i, secs. 1410- 
1488. 

Tucker, J. R., Constitution of the United States (1899), ii, pp. 693-714. 

Wilson, Woodrow, The State (1906), secs. 1324-1333. 

Woodbum, James A., The American Republic and its Government (1908), 

^ pp. 94-142. 

QUESTIONS AND EXERCISES 

1. Discuss the arguments of Hamilton and Madison in the Constitu¬ 
tional Convention as to the length of the presidential term. 

2. Prepare a report upon the methods of presidential election proposed 
in the Constitutional Convention. 

3. What method of electing the President do you consider best? Reasons? 

4. How many members in the electoral college at present? How is this 
number fixed? What number of electoral votes is necessary to a choice? 

5. How many electors has your State? Which political party generally 
carries your State in presidential elections? 

6. What qualifications are required in your State to entitle one to vote 
for presidential electors? 

7. What would be the advantages of having electors chosen by congres¬ 
sional districts with two at large for each State, instead of upon a 
general ticket? 

8. Describe the process by which the Presidency has been made a re¬ 
presentative, democratic institution (Section 376). In other words, the 
difference between the theory and the practice of presidential elec¬ 
tions. 

9. Who were the candidates at the last presidential election? How were 
they nominated? Who were the candidates for Vice-President? 

10. Who were the delegates-at-large from your State and the delegates 
from your district at the last Republican and Democratic national 
conventions? How were they chosen? 

11. What electoral vote was received by each of the two principal can¬ 
didates at the last presidential election? What was the popular vote 
for each? 

12. What was the previous public service of our President before his elec- 



ORGANIZATION OF FEDERAL EXECUTIVE 295 

tion to the Presidency? Are successful governors often nominated 
for the Presidency? 

13. Compare the chief planks of the two party platforms in the last pre¬ 
sidential election. Has the successful party fulfilled the pledges of its 
platform? 

14. Name the Presidents who received a minority of the popular vote. 

15. Which States and which sections of the country have had the great¬ 
est number of Presidents? 

16. Describe the presidential inauguration. 

17. Discuss the former and present rule of presidential succession. 

18. Prepare a report upon the presidential elections of 1800 and 1824. 

19. Prepare a report upon the disputed election of 1876. 


CHAPTER XXVI 


THE PRESIDENT S POWERS AND DUTIES 


363. General Characteristics of the Federal Executive. 
The federal constitution, like the State constitutions, es- 
import- tablishes the executive department as an inde- 

anceoi pendent and coordinate branch of the govern- 

Presidency unlike the State constitutions, it vests 

executive power in a single individual — the President. 
Elected as the representative of the nation, and entrusted 
with large powers and corresponding responsibilities, the 
President is the most imposing as well as the most power¬ 
ful factor in our national government. “A chief magis¬ 
trate who wields the whole military and no inconsiderable 
share of the civil power of the state, who can incline the 
scale to war and forbid the return of peace, whose veto will 
stay the course of legislation, who is the source of the 
enormous patronage which is the main lever in the pol¬ 
itics of the United States, exercises functions which are 
more truly regal than those of an English monarch.” ^ 
Since the executive is an independent branch of the govern¬ 
ment, it follows that in the performance of his duties the 
ExecuUve President is subject to the control of no other de- 
independ- partment or body. “The grand theory of the con¬ 
stitution makes him a co-equal in the tri-partite 
organization. He draws his power from the same source as 
the national legislature and judiciary; he is answerable to 
neither; his discretion is as absolute as that of any legis¬ 
lator, and more so than that of any judge; no other branch 
of the government may rightfully interfere with him in the 
exercise of that discretion.” ^ Hence it follows that the Pre- 

^ Hare, J. I. C., American Constitutional Law, i, 173. 

* Pomeroy, J. N., Constitutional Law of the United States, sec. 631. 


THE PRESIDENT’S POWERS AND DUTIES 297 

sident is privileged from the jurisdiction and process of any 
court. He cannot be arrested for any reason whatsoever, 
and is answerable for misconduct only before one tribunal 
— the Senate of the United States organized as a court of 
impeachment. 

364 . Classification of Executive Powers. The powers of 
the President are enumerated in Article ii, Sections 2 
and 3 of the constitution, and may be classified as follows: 
( 1 ) military powers; ( 2 ) administrative powers; ( 3 ) dip¬ 
lomatic powers; (4) legislative powers; (5) judicial powers. 

365 . Military Powers of the President. The President’s 
military powers arise ( 1 ) by virtue of his position as com¬ 
mander-in-chief; ( 2 ) from his general duty to enforce the 
laws; and (3) from the federal guaranty to the State govern¬ 
ments of protection against invasion or domestic violence. 

366 . Position as Commander-in-Chief. The constitution 
provides “that the President shall be commander-in-chief 
of the army and navy of the United States, and of the mil¬ 
itia of the several States, when called into actual service 
of the United States.” ^ By virtue of his position as com¬ 
mander-in-chief, the President regulates the disposition of 
the military and naval forces, both in time of peace and 
war; he appoints and dismisses all oflScers both of the army 
and navy; supervises the execution of the military law by 
which the army and navy are governed; calls out any part 
of the State militia when in his judgment such action is 
necessary to execute the laws of the Union, suppress in¬ 
surrection, or repel invasion; and when war has been declared 
or when hostilities actually exist, he wages war as su¬ 
preme commander. Not that the President is expected to 
take the field in person, but he has general charge of mili¬ 
tary movements. “ In theory he plans all campaigns, estab¬ 
lishes all blockades and sieges, directs all marches, fights 
aU battles.” ^ 


* Conriitution, Art. n. Sec. 2. 

» Pomeroy, J. N., Constitutional Law, sec. 706. 


298 


GOVERNMENT AND POLITICS 


In time of war the President’s powers may so expand as 
to make him almost a dictator, as was practically the case 
War powers President Lincoln during the Civil War. 

practically Without waiting for action by Congress, the Presi¬ 
dent proclaimed a blockade of the Southern ports, 
called for 75,000 volunteers, and increased the regular army 
by 211,000 men. Later, by the exercise of his authority, the 
writ of habeas corpus was suspended; martial law was de¬ 
clared in many districts; arrests were made upon military 
warrant with trial before military courts; and provisional 
governments were established in hostile territory. Finally, 
— the crowning example of the President’s absolute power 
in time of war, — the Emancipation Proclamation was is¬ 
sued (January 1,1863), freeing the slaves in the States then 
in rebellion. 


367 . Duty to enforce the Laws. The exercise of the 
President’s military powers may at any time result in con- 
Mothods sequence of his important and comprehensive 
oi law duty to “take care that the laws be faithfully 
executed.” ^ Ordinarily the execution of the laws 
proceeds along peaceful lines and can be carried on through 
the civil administration. Individuals who violate federal 
laws are arrested by United States marshals or their de¬ 
puties, and tried before the proper federal court. But in case 
resistance to federal law becomes so serious that the civil 
powers cannot cope with it, the President is authorized to 
employ the military arm of the government to restore order; 
and it is for him to determine when such necessity exists, 
and which branch of the military service — the militia or 
the regular army — shall be used.^ 

On several occasions in our history the President has 
found it necessary to use military force in order to execute 


* Constitution, Art. ii, Sec. 3. 

• “We hold it to be an incontrovertible principle,” declared the Supreme Court in Ez 
parte Siebold, “that the government of the United States may, by means of physical force, 
exercised through its official agents, execute on every foot of American soil the powers 
and functions that belong to it. This necessarily involves the power to command obedi¬ 
ence to its laws, and hence the power to keep the peace to that extent.” — 100 United 
States, 371; Thayer’s Cases, i, 333. 


THE PRESIDENT’S POWERS AND DUTIES 299 


the laws. In 1794 President Washington called out the mili¬ 
tia from four States in order to suppress the so- Employment 
called Whiskey Rebellion. The Civil War was of of military 
course the most notable instance when the Execu¬ 
tive was obliged to resort to military force to execute the 
laws. Again, during the railway strikes of 1877 and 1894, 
mob violence interfered with the performance of certain 
functions of the national government, especially the trans¬ 
portation of the United States mails; and on both occasions 
regular troops were employed to overcome the resistance. 

368 . Protection of the States. The constitution provides 
that “the United States shall guarantee to every State in 
this Union a republican form of government, and Federal in- 
shall protect each of them against invasion; and 
on application of the legislature, or of the executive (when 
the legislatme cannot be convened), against domestic 
violence.” ^ In order to give effect to this guaranty against 
domestic violence. Congress has authorized the President, 
on application of the State legislature or executive, to order 
out such numbers of the militia as he deems necessary to 
suppress the insurrection. It is for the President to decide 
whether the exigency exists upon which the federal govern¬ 
ment is bound to interfere.^ In case of a conflict between 
rival State governments, it may devolve upon him to deter¬ 
mine which is the rightful authority and to suppress the 
opposition.® 

Under some circumstances the President need not await 
the application of the State authorities before intervening. 
For example, if domestic violence within a com- intervention 
monwealth violates federal law and interrupts the 
discharge of the functions of the national govern¬ 
ment, the President may act without awaiting the applica- 


* Constitution, Art. iv, Sec. 4. 

* Luther t>. Borden, 7 How. 1; Thayer’s Cases, i, 193. 

* Thus in the case of Dorr’s rebellion in Rhode Island (1841-42), the President recog¬ 
nized the charter governor as the lawful executive and took steps toward calling out the 
militia to support his authority; and because of this action the rebellion collapsed. Again 
in 1873, a conflict between two rival governments in Louisiana was settled by federal troops. 


300 


GOVERNMENT AND POLITICS 


tion of the State government. In such cases federal inter¬ 
vention is authorized under the clause of the constitution 
requiring the President to “take care that the laws be faith¬ 
fully executed.” ^ 

369 . Administrative Powers. The chief administrative 
function of the Executive is to carry into effect the laws 
Federal ad- Passed by Congress. In discharging this duty the 
ministration President is aided by a large number of executive 

officials, who are responsible to him as head of the 
administration. Most of these officers are appointed by the 
President either directly or through his immediate sub¬ 
ordinates; and practically all of them, from cabinet officer 
down to federal marshal, may be removed by him. Thus 
the distinctive feature of the federal administration is the 
direct control exercised by the President through his power 
of appointment and removal. In sharp contrast with the 
State executive, the President is the actual as well as the 
nominal head of the administration. 

370 . The Power of Appointment. The President’s power 
of appointment is conferred by the constitution in the fol- 
Constitn- lowing provision: “He shall nominate, and by 
tionai pro- and with the advice and consent of the Senate, 

shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be estab¬ 
lished by law; but the Congress may by law vest the ap¬ 
pointment of such inferior officers as they think proper, in 
the President alone, in the courts of law, or in the heads of 
departments.” ^ The officers whose appointments are 
“otherwise provided for” are the President and Vice-Pre¬ 
sident, the presidential electors, members of the Senate 
and House, and the several officers of these two houses. All 

* A notable instance of intervention under these circumstances was President Cleve¬ 
land’s action during the great railway strike of 1894, when he ordered United States troops 
into Illinois to enforce the postal laws and the provisions of the Interstate Commerce Act. 

* Conttitution, Art. u, Sec. 2. 


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 


This year of 1910 is drawing to a close. The records of popula¬ 
tion and harvests which are the index of progress show vigorous national 
growth and the health and prosperous well-being of our connnunities through¬ 
out this land and in our possessions beyond the seas. These blessings 
have not descended upon us in restricted measure, but overflow and abound. 

They are the blessings and bounty of God. 

We continue to be at peace with the rest of the world. In all essen¬ 
tial matters our relations with other peoples are harmonious, with an ever¬ 
growing reality of friendliness and depth of recognition of mutual dependence. 
It is especially to be noted that during the past year great progress has been 
achieved in the cause of arbitration and the peaceful settlement of interna¬ 
tional disputes. 

Now, therefore, I, William Howard Taft, President of the United States 
of America, in accordance with the wise custom of the civil magistrate since 
the first settlements in this land and with the rule established from the 
foundation of this Government, do appoint Thursday, November 24,1910, as a 
day of National Thanksgiving and Prayer, enjoining the people upon that day 
to meet in their churches for the praise of Almighty God and to return 
heartfelt thanks to Him for all His goodness and loving-kindness. 

IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of 

the United States to be affixed. 

Done at the City of Washington this fifth day of 
, ' November, in the year of our Lord one thousand nine 

; hundred and ten and of the independence of the 

United States the one hundred and thirty-fifth. 



A I’RESIDENTIAL PROCLAMATION 



THE PRESIDENT’S POWERS AND DUTIES SOI 


other officers of the United States are appyointed either: 
(1) by the President subject to confirmation by the Sen¬ 
ate; or (2) in the case of inferior officers, by the President 
alone, by the courts of law, or by the heads of depart¬ 
ments. 

371. Officers appointed by Concurrent Action of Pre¬ 
sident and Senate. The class of officers appointed by the 

President with the advice and consent of the Sen- „_. 

ate IS comparatively small (8000 out of 350,000 making ap- 
federal officials), but it comprises the most impor- 
tant officers of the government.^ The customary process 
of appointment is for the President, after private conference 
with individual Senators from the States in which the ap¬ 
pointees live,^ to send to the Senate the names of the 
persons selected for certain offices. The Senate refers these 
nominations to the appropriate standing committee; and the 
committee confers with the Senators of the State from which 
the nominee comes (if of the same political party as the 
President) to ascertain whether there is objection to the 
appointment. A report is then made to the Senate either 
favorably or adversely to the nominee, and that body con¬ 
firms or rejects the appointment. If the nomination is con¬ 
firmed, the President on being notified issues a commission 
to the officer, thereby completing the appointment; while if 
the nominee is rejected, the President must make a second 
choice. 

An exception to the usual process of appointment arises 
in case of vacancies which occur from death, re- Recess ap- 
moval, or resignation during the recess of the 


1 In this class are included all ambassadors, ministers, and consuls; all federal judges; 
most military and naval officers; cabinet officers and their immediate subordinates; the 
treasurer of the United States; the comptroller of the currency; superintendents of mints; 
commissioners of internal revenue; collectors of customs and internal revenue; interstate 
commerce commissioners; commissioners of patents; commissioner of pensions; pension 
agents; land agents; Indian agents; district attorneys and marshals; territorial governors; 
and postmasters of the first, second, and third classes (all whose salary is $1000 or over). 

* Provided those Senators are of the same political party as the President. In the case of 
minor appointments within a congressional district, the President ordinarily confers with the 
Representative from that district (if of the same political party as the President), and is 
more or less guided by his recommendation. 


m 


GOVERNMENT AND POLITICS 


Senate. In such cases the President may make temporary 
appointments at his sole discretion; but such an appoint¬ 
ment terminates at the end of the next session of the Sen¬ 
ate, unless meantime confirmed by that body. 

372 . Appointment of Inferior Officers. Under the con¬ 

stitution, Congress is empowered to vest the appointment 
Method oi of inferior officers in the President alone, in the 
appointment Qf or in the heads of departments. Ac¬ 

cordingly the President appoints the clerks in his office, and 
indirectly (through his department heads) controls the 
appointment of many other officials; the judges appoint 
the clerks and reporters of their courts; and the cabinet 
officers appoint most of their subordinates. A large major¬ 
ity of these inferior federal offices are now filled in accord¬ 
ance with the rules of the civil service. 

373 . The Power of Removal. The general rule as to re¬ 
movals is that the President may at any time remove any officer 
in the federal service for reasons which he deems sufficient. Ex¬ 
ceptions to this statement are the federal judges, who hold office 
during good behavior and can only be removed through impeach¬ 
ment;] and military and naval officers, who in time of peace can 
only be removed through the decision of a court-martial. 

The constitution is silent concerning the power of removal, but 
by legislative construction and executive practice the principle 
Tenure of become established that the President may remove 

Office Act officers without the consent of the Senate. Only once 
has there been a departure from this construction, — 
in the Tenure of Office Act of 1867. This measure in effect re¬ 
quired the consent of the Senate to the removal of officers ap¬ 
pointed by the concurrent action of the President and Senate. After 
being materially modified in 1869, this act was at length entirely 
repealed (1887), thereby re-affirming the principle that removal 
from office is an exclusive power of the Executive. 

374 . Term ^of Federal Officers. Most of the important 
officials in the executive service are appointed for four years, re¬ 
appointment not being customary. This class includes territorial 
judges and governors, marshals, and district attorneys, the chiefs 
of many bureaus, customs collectors, Indian agents, pension 
agents, and postmasters of the first three classes. Cabinet officers 

^ The Federalist, no. lxxtii. 


THE PRESIDENT’S POWERS AND DUTIES 303 

are appointed without limit of term, and serve during the pleasure 
of the President. Subordinate officials under the classified civil 
service are also appointed for an indefinite term, holding office as 
long as they serve efficiently. This permanence of tenure for 
subordinate executive officials was only established after a long 
experience of the evils of the spoils system. 

375- The Spoils System. During the first forty years of our 
national history, it was tacitly understood that subordinate ex¬ 
ecutive officials should continue in office during good 
behavior. Since their duties were non-political, it was 
conceded that their tenure should depend upon faithful 
and efficient service, rather than upon party affiliation. But at 
the beginning of Jackson’s first administration (1829), the so- 
called spoils system (first developed in New York and Pennsyl¬ 
vania) was introduced into national politics. The principle of the 
spoils system is that the offices belong to the victorious party, and 
are to be used as a reward for partisan services. This view was 
avowed in the Senate by Senator W. L. Marcy of New York in 
the now celebrated phrase, “To the victors belong the spoils of 
the enemy.” Proceeding upon this theory, a system of political 
proscription was inaugurated (1829), and hundreds of office¬ 
holders were removed to make room for the friends of the admin¬ 
istration. The Whig party condemned this system in theory, but 
likewise followed it in practice; and thus the spoils system be¬ 
came a permanent feature of American politics. Its demoraliz¬ 
ing effects upon the public service continued unchecked until the 
administration of President Arthur (1883). 

376 . Civil Service Reform. Finally, in 1883 public opinion 
compelled Congress to pass a Civil Service Act ^ designed to make 
appointment to subordinate executive offices depend qivU 
upon individual merit, rather than upon partisan serv- Servlco 
ice. This act created the United States Civil Service 
Commission, consisting of three persons (not more than two be¬ 
longing to the same political party), appointed by the President 
with the consent of the Senate. Other important provisions 
are as follows: ( 1 ) It provides for open, competitive, practical 
examinations for all applicants for positions in the classified serv¬ 
ice. ( 2 ) These positions are to be filled by selection according 
to grade from among those applicants standing highest on the 
examinations, a period of probation to precede final appointment. 
(3) Appointments are to be apportioned among the several States 

* Civil service denotes the executive branch of the government, as distinguished from 
legislative, judicial, military, and naval offices. 


804 


GOVERNMENT AND POLITICS 


and territories according to population. (4) No appointee can be 
required to contribute to any political fund or to perform any 
political service. (5) No Senator or Representative is allowed 
to recommend any applicant to the examining board. (6) The ap¬ 
pointing power is required to notify the commission of the selec¬ 
tion of applicants from those recommended as a result of the 
examination; also of the rejection of applicants after probation, 
and of transfers, resignations, and removals. 

The Civil Service Commission appoints a chief examiner and 
boards of examiners who conduct examinations not less than 
Examination twice each year at Washington, D. C., and in the vari- 
andpro- ous States and territories. These examinations are 
motions practical in character, having special reference to the 
nature of the work which the applicant is to perform. The com¬ 
mission has instituted a system of promotion from the lower to 
the higher grades of the public service, thus encouraging eflSciency 
by enabling competent officials to advance to higher positions. 

The number of officers included under the original act was 
about 14,000. Subsequent Presidents, especially Cleveland, 
Harrison, and Roosevelt, have greatly extended its 
clvlUervloe operation by executive orders; and in 1908 the entire 
number of classified offices was 206,637 (leaving 138,500 
unclassified or exCepted). The classified service now includes 
nearly all the clerks in Washington (the so-called departmental 
service); officials in the postal service, including letter-carriers 
and clerks in post offices and the railway mail service; together 
with employees in customs houses, in the revenue service, the 
government printing-office, and the Indian service. 

The merit system of appointment has greatly improved the 
public service. It proceeds upon the theory that a public office 
Advanta ea ^ public trust, not the political prize of a party vic¬ 
tory. It makes appointment to such office depend upon 
merit and promotion upon efficiency, thus placing government 
service as nearly as possible upon a business basis. Undoubtedly 
it has defects, but it marks a great advance upon the proscription 
and demoralization that existed for over fifty years under the 
spoils system. 


377. Diplomatic Powers. The President’s diplomatic 
powers include: (1) the power to appoint ambassadors, 
ministers, consuls, and other commissioners to foreign 
countries; (2) the power to receive foreign ambassadors 
and representatives; ( 3 ) the power to make treaties by and 


THE PRESIDENT’S POWERS AND DUTIES 305 


with the advice and consent of the Senate. Through the 
agency of our representatives abroad, the President has sole 
control of the ordinary intercourse between the United 
States and other nations; but his power to conclude treaties 
or formal compacts with other nations is shared by the 
Senate. 

378. Appointing and receiving Representatives. The 
constitution provides that the President shall appoint all 
ambassadors, other public ministers, and consuls, 
subject to the consent of the Senate; but once foreign 
appointed, these officers are under his sole control. 

“They communicate alone with the Executive through the 
State Department. Instructions are sent to them, dispatches 
forwarded, demands made, claims insisted on, principles 
adopted and enforced, as the President deems proper.” ^ 
The management of foreign affairs is entrusted to the De¬ 
partment of State, at the head of which is the Secretary of 
State, who acts under the direct personal control of the 
President. 

The President’s power to receive ambassadors and other 
public ministers is in most cases merely a ceremonial duty; 
but it may involve important consequences, since Receiving 
the President must exercise his discretion in Jepre^nt- 
receiving, or refusing to receive, the minister 
from a state claiming to be independent, but whose inde¬ 
pendence has not been generally recognized. Moreover, 
he may refuse to receive a particular person in those excep¬ 
tional cases where the foreign representative is personally 
objectionable {persona non grata) to our government. 
Should relations between the United States and a foreign 
power become seriously estranged, the President may dis¬ 
miss the foreign minister, thus involving a suspension of 
diplomatic relations and the probability of war. The Pre¬ 
sident’s power of regulating foreign intercourse is a mo¬ 
mentous one: he cannot declare war, but he can so conduct 

> Pomeroy, J. N., Constitutional Law, sec. 671. 


306 GOVERNMENT AND POLITICS 

foreign affairs as to incline the scale toward peace or 
war.^ 


Zujfcckuao 

vit/c. ^4^ <»| ^<rc^ fklLc cLa^CaJc en. ioM^ 

e^ cL KuumLm. M a^ 

tuc-^ <y'cLfi<*'t**Iff3 U,4 >^CmJ^ ^ 

, CuA'^iv^i/pc. yC ^7un-4 





LAST PAGE OF THE TREATY OF PARIS, 1898 
Terminating the War with Spain 


379 . The Power to make Treaties. By the constitution 
the President is vested with the power to negotiate treaties 
NegotiaWon and conventions with other countries. The nego- 
and ratuica- tiation of treaties is conducted by the President 
through the Department of State; but during the 
process of negotiation he generally consults with the Senate 

* In 1846, before the outbreak of the Mexican War, President Polk ordered troops into 
the disputed territory, where they were attacked by the Mexicans; and Congress then de¬ 
clared that “ war existed by the act of the Republic of Mexico.” At a later date. President 
Cleveland’s famous Venezuelan message seemed likely to involve this country in war with 
Great Britain. 





THE PRESIDENT’S POWERS AND DUTIES 307 


committee on foreign relations, and with the leaders of the 
senatorial majority. After the treaty has been framed, 
it is submitted to the Senate, where it is discussed in exec¬ 
utive or secret session. Ratification requires the affirmative 
vote of two thirds of the Senators present. If finally ac¬ 
cepted by both nations, duplicate parchment copies signed 
by the accredited representatives are exchanged; and the 
President then publishes the treaty by means of a proclama¬ 
tion. By a provision of the federal constitution, treaties are 
made a part of the supreme law of the land; and hence 
any conflicting provision of a State law or constitution is 
thereby abrogated.^ 

380 . Legislative Powers. The powers of the President 
in legislation may be considered under three heads: ( 1 ) his 
power of convening and adjourning Congress upon extra¬ 
ordinary occasions; ( 2 ) his power to recommend desirable 
legislation; (3) his power to veto any measure passed by 
Congress. 

381 . Convening and adjourning Congress. Unforeseen 
contingencies may arise during the recess of Congress which 
imperatively require the assembling of that body; hence 
the constitution provides that the President may, “on 
extraordinary occasions, convene both houses or either of 
them.” ^ A newly inaugurated President often calls an 
extra session of the Senate alone, to consider nominations 
to cabinet offices and other important positions; and in 
exceptional cases it may be necessary to convene the Senate 
in special session for the consideration of a treaty. 

382 . Power to recommend Legislation. The constitu¬ 
tion enjoins upon the President the duty to “give to the 
Congress information of the state of the Union, and re¬ 
commend to their consideration such measures as he shall 
judge necessary and expedient.” ® Under Washington and 

* Treaties and laws of Congress are of equal authority; and if there is a conflict between 
a statute and a treaty, the later law whether statute or treaty prevails; and the earlier one 
b, to the extent of the conflict, displaced. 

> Constitution, Art. ii. Sec. 3. • Constitution, Art. ii. Sec. 3. 


308 


GOVERNMENT AND POLITICS 


Adams, it was the practice for the President to deliver an 
oral address to the two houses assembled in joint convention, 
Jefferson inaugurated the present custom of sending to 
each house by a private secretary a written copy of the 
annual message.^ This document generally discusses the 
important political questions of the day, points out defects 
in existing legislation, and suggests remedies. It is not 
customary for the President or his cabinet to prepare and 
present bills, although proposed measures are often sub¬ 
mitted to him for comment, and are sometimes drawn in 
accordance with his suggestions. But with regard to most 
legislation, the President’s initiative is limited to suggest¬ 
ing or outlining desirable policies; and for the adoption of 
his recommendations he relies upon private conference 
with members and committees, and upon personal in¬ 
fluence with the party and committee leaders in each 
house. 

383 . The Presidential Veto. By far the most important 

of the President’s legislative powers is his veto. Every bill. 

Modes of order, resolution, or vote to which the concur- 

deaiing rence of the two houses is necessary (except a q ues- 

WlUl bills .• 11 j* 1 . . , 

tion of adjournment or a proposed constitutional 

amendment) must be presented to the President for his 
approval. When a bill is sent to the President, he may deal 
with it in one of four different ways. ( 1 ) He may sign it, 
whereupon it becomes a law — the usual course with most 
bills. ( 2 ) He may leave it unsigned, and at the end of ten 
days (Sundays excepted), it becomes a law without his sig¬ 
nature. (3) He may veto the bill — that is, return it with 
his objections to the house in which it originated. The ob¬ 
jections are then entered at large upon the journal, where¬ 
upon the bill can become a law only by being passed by a 
two-thirds vote of each house ; and the vote in such cases 
must be by roll-call. (4) In case Congress adjourns before 

* Special messages are also sent from time to time, as occasion requires, often accompanied 
by correspondence or reports which may aid Congress in its work. 


THE PRESIDENT’S POWERS AND DUTIES S09 


the expiration of the ten days given to the President for 
the consideration of every bill, he may defeat the measure 
by refraining from signing it —this being an exercise of the 
so-called “pocket veto.” 

The presidential veto is thus a limited or qualified one, 
operating as a salutary check on hasty or ill-advised legis¬ 
lation. Originally designed as a check upon un- 
constitutional measures, especially legislative en- veto 
croachments upon the executive or judiciary, the 
veto power has been freely used in practice to defeat legisla¬ 
tion deemed by the executive to be unwise or inexpedient.^ 
Hence the principle is now well settled that the President is 
to use his independent judgment on every bill passed by 
Congress, “not sheltering himself under the representatives 
of the people, or foregoing his own opinion at their bidding.” 

The use of the veto power is restricted by the fact that 
the President must approve or reject the bill as a whole; he 
cannot, for example, veto particular items in an 
appropriation bill. Hence measures which other¬ 
wise could not receive the executive sanction are sometimes 
inserted as “riders” in appropriation bills, thereby com¬ 
pelling the Executive either to accept the obnoxious rider, 
or to incur the responsibility of defeating indispensable 
appropriations. 

384 . Judicial Powers. The President has power “to grant 
reprieves and pardons for offenses against the United States, 
except in cases of impeachment.” ^ “A pardon pardoning 
is an act of grace, proceeding from the power 
entrusted with the execution of the laws, which exempts 
the individual on whom it is bestowed from the punishment 
the law inflicts for a crime he has committed.” ® The lan- 

1 Throughout our national history the presidential veto has been exercised nearly 500 
times. Down to Jackson’s administration but seven bills were vetoed. Jackson vetoed 12 
bills; Johnson, 21; Grant, 43; Cleveland during his first administration, SOI (nearly all of 
which were private pension or relief bills); McKinley, 14; and Roosevelt, 42. Out of the 
total of 500 bills vetoed, only about 30 were subsequently passed by Congress over the 
veto, and 15 of these were during Johnson’s administration. 

* Corutitviion, Art. ii. Sec. 2. 

• United States v. Wilson, 7 Pet. 160. 


310 


GOVERNMENT AND POLITICS 


guage conferring this power is general, and hence the par¬ 
don may be absolute or conditional; may be issued before 
or during the trial of the accused, or after conviction and 
sentence; and may be granted to one or a class of individ-, 
uals. The President’s power to pardon extends only to 
offenses against federal, not State laws; and he cannot 
pardon in case of impeachment. 

A reprieve is simply the suspension of a sentence, de¬ 
ferring its execution without changing the sub- Reprieves 
stance of the punishment. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), secs. 337-351. 

Baldwin, S. E., Modern Political Institutions (1898), no. iv. 

Beard, C. A., American Government and Politics (1910), ch. x. 

- Readings in American Government and Politics (1910), ch. x. 

Black, H. C., American Constitutional Law (1897), pp. 97-122. 

Bryce, James, The American Commonwealth (1907), i, ch. vi. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1902), 
II, pp. 248-263. 

Cooley, Thomas M., Constitutional Law (1898), ch. v. 

Fairlie, J. A., National Administration of the United States (1905), chs. i-ii. 
Fish, C. R., The Civil Service and the Patronage (1905). 

Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 

LXXIII-LXXVII. 

Harrison, Benjamin, This Country of Ours (1903), chs. vi-x. 

Mason, E. C., The Veto Power (1890). 

McClain, E., Constitutional Law (1905), chs. xix-xxiii. 

Pomeroy, J. N., Constitutional Law (10th ed., 1888), secs. 628-714. 
Reinsch, P. S., Readings on American Federal Government (1909), chs. 

I-III, XIII. 

Story, J., Commentaries on the Constitution (5th ed., 1905), i, secs. 1489- 
1572. 

Tucker, J. R., Constitution of the United States (1899), ii, pp. 715-752. 
United States Civil Service Commission, Twenty-seventh Annual Report 
for year ending June 30, 1910. 

Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. III. 

Woodburn, James A., The American Republic and its Government (1908), 
pp. 142-194. 

QUESTIONS AND EXERCISES 

1. May Congress assign to the President duties not specified in the con¬ 
stitution? Or forbid the exercise of duties imposed by the constitution? 

2. May Congress require the President to state reasons for an oflScial 
, action? 



THE PRESIDENT’S POWERS AND DUTIES Sll 


3. May the President be sued on account of an official action? May he 
be summoned as a witness? 

4 . What powers may the President exercise under his authority to exe¬ 
cute the laws of the Union? 

5 . Prepare a report upon the military powers exercised by President 
Lincoln during the Civil War. 

6 . Explain how the President may involve the country in war notwith¬ 
standing the right to declare war is vested in Congress. 

7. Prepare a report upon the President’s power to suppress domestic 
violence as exemplified by President Cleveland’s action in 1894. 
{McClures Magazine (1904), xxiii, 227-240.) 

8 . May Congress designate persons to be promoted in the military serv¬ 
ice? In creating an office, may Congress designate the person who 
shall fill it? 

9. May Congress provide by law that an executive official shall hold 
office during good behavior? 

10 . May Congress by statute require the heads of departments to be re¬ 
sponsible directly to Congress? 

11 . Give a history of the Tenure of Office Act of 1867. 

12 . Has the Senate any control over removals? Why should the President 
alone exercise the power of removal? 

13 . May Congress by statute provide that the President shall state rea¬ 
sons for removals? 

14 . Prepare a list of the principal officers appointed by the President 
subject to confirmation by the Senate; of officials appointed by the 
President alone; by the heads of departments. 

15 . Compare the President’s power of appointment with that of your 
State governor; of your mayor. 

16. Make the same comparison with regard to the President’s power of 
removal. 

17. May an official of the United States at the same time hold office under 
a State or territorial government? 

18 . Prepare a report upon the Spoils System. 

19. Prepare a report upon Civil Service Reform. 

20 . Examine a copy of the President’s message to Congress and ascer¬ 
tain: (a) what topics receive most consideration; (b) what recom¬ 
mendations are made as to legislation. State which of these recom¬ 
mendations were enacted into law. 

21 . May the President sign a bill after Congress adjourns? 

22 . May either house require the President to submit papers? 

23 . Was President Johnson bound to carry out the reconstruction acts 
which he vetoed? 

24 . What would be the advantage of giving the President power to veto 
part of a bill? How could this be done? 

25 . Discuss fully the treaty which closed the Spanish-American War, 
especially (a) the process of negotiation, (b) the chief provisions, 
(c) the method of ratification. 

26 . Has the House of Representatives any control over treaties? 

27. Is there any limitation upon the President’s pardoning power? 


CHAPTER XXVII 


THE EXECUTIVE DEPARTMENTS 


385. The Federal Executive Departments. Nine federal 
executive departments have been created by Congress to 
Constitu- assist the President in carrying out his executive 
tionai and administrative duties; and the heads of these 
provision departments comprise what is popularly called 
the President’s cabinet. The executive departments are not 
directly established by the constitution, but are recognized 
in the clause providing that the President “may require 
the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the 
duties of their respective offices.” ^ 

The executive departments were organized by Congress 
in the following order: — 

State, 1789; War, 1789; Treasury, 1789; Post Office, 1794; a 
Navy, 1798; Interior, 1849; Justice, 1870; ^ Agriculture, 1889;^ 
Commerce and Labor, 1903. 

386. The President’s Cabinet. The heads of these nine 

departments are appointed by the President, subject to 
Appoint- consent of the Senate. Since they are his con- 

ment and fidential advisers, each President ordinarily forms 

a new cabinet, the members of which hold office 
during his pleasure. Sometimes the President selects for 
cabinet positions men who have had little experience in 
politics, but more frequently he chooses prominent party 

>' Conslitution, Art. n, Sec. 2, Par. 1. 

* The Postmaster-General did not become a member of the cabinet until 1829. 

* The oflSce of attorney-general has existed since 1789, although the Department of 
Justice was not organized in its present form until 1870. 

^ The Department of Agriculture was organized in 1862, but the Secretary did not 
become a cabinet officer until 1889. 


THE EXECUTIVE DEPARTMENTS 


313 


leaders. Cabinet meetings are generally held twice a week 
during the greater part of the year, special meetings being 
called as occasion demands. The President also confers 
frequently with individual members. The cabinet is an 
advisory body only, and the President may act in opposi¬ 
tion to the wishes of any or all of his secretaries. 

The American cabinet is in marked contrast with the 
cabinet in Great Britain and many other European coun¬ 
tries. There the term cabinet denotes a parlia- American 
mentary ministry, that is, a group of men chosen 
from the majority party in the legislature, to which 
body they are accountable. The cabinet members have 
seats in the legislature, where they initiate legislation and 
defend the measures which they introduce. Responsibility 
for the administration rests upon them, and when they 
cease to have the support of a majority of the legislature, 
they are expected to resign, in order that a new cabinet 
may be formed. The American cabinet, on the other hand, 
is accountable not to the legislature but to the President. 
Its members may not serve in Congress, and hence they 
do not introduce and defend measures in that body. An 
adverse vote of Congress could not remove them from 
office, since they are appointed by the President, and re¬ 
sponsible to him for their administration of affairs.^ 

387 . The Department of State. The Secretary of State 

ranks first among the members of the cabinet. His chief 

duty is to conduct the foreign affairs of the govern- qj 

ment under the direction of the President. He loreign 
. . . . 11 aHairs 

issues instructions to our ministers and consuls, 

conducts treaty negotiations, receives and presents to the 

President the representatives of foreign powers, issues 

passports to American citizens traveling abroad, and in 

general has charge of all matters relating to foreign affairs. 

The Secretary of State also has important domestic 

* Congress of course exercises indirect control over the executive departments through 
its power to make appropriations, to investigate the management of any department, 
and to impeach any executive oflScial for misconduct. 


314 


GOVERNMENT AND POLITICS 


Bureaus 


duties. He has the custody of the great seal of the United 
DomesUo States; has charge of the publication of federal 
duties statutes and executive proclamations; keeps the 
archives containing the originals of all laws, treaties, and 
foreign correspondence; and serves as the medium of com¬ 
munication between the President and the State govern¬ 
ors. 

The Department of State includes eight bureaus — the 
diplomatic bureau, consular bureau, and the bureaus of 
indexes and archives, of accounts, of rolls and 
library, of appointments, of citizenship, and of 
trade relations. At the head of each bureau is a chief; 
and the Secretary of State is further aided in his work by 
three assistant secretaries of state, who have immediate 
supervision of diplomatic and consular correspondence. 

388 . Department of the Treasury. The chief business 
of the Treasury Department is the supervision of the na- 
Duties oi tional finances. The Secretary of the Treasury 
Secretary prepares plans for the improvement of the public 
revenue, and annually submits to Congress estimates of 
probable receipts and expenditures. He supervises the col¬ 
lection of customs and internal revenue; prescribes the 
forms for keeping public accounts; issues warrants for all 
money paid out of the treasury; selects the depositories of 
public moneys; makes loans by issuing bonds for the pro¬ 
tection of the gold reserve or other purposes; and super¬ 
vises the many bureaus in the Treasury Department. Three 
assistant secretaries have immediate charge of certain bu¬ 
reaus, and perform such other duties as the Secretary may 
assign to them. 

The department organization includes the following of¬ 
ficers: six auditors, the comptroller of the treasury, the 
Depart- treasurer, the register, the comptroller of the cur- 
mentai or- rency, commissioner of internal revenue, director 
of the mint, director of the bureau of engraving 
and printing, chief of the secret-service division, superin- 


THE EXECUTIVE DEPARTMENTS 


315 


tendent of the life-saving service, the supervising architect, 
and the surgeon-general. 

389 . Work of the Treasury Department. All accounts of 
the government are examined and passed upon by the six audit¬ 
ors of the treasury. Every public officer who pays out 
money must submit an account with proper vouchers, 
and these are scrutinized by one of the six auditors. 

Thus the auditor for the War Department passes upon all accounts 
pertaining to that department; and one auditor is also assigned 
to each of the following departments: Treasury, Navy, Interior, 
Post Office, and State and other departments. 

From the decision of an auditor concerning a claim, an appeal 
may be taken to the comptroller of the treasury, who is a superior 
supervising officer of accounts. The comptroller’s de- (jompijQjjg, 
cision is final, and cannot be reviewed except by the 
courts. All warrants for the disbursement of money must be coun¬ 
tersigned by this officer. 

The treasurer has charge of all public money, and receives and 
pays it out upon warrants issued by the Secretary of the Treas¬ 
ury. The treasurer also redeems the national-bank 
notes, holds as trustee the United States bonds depos¬ 
ited to secure the national-bank circulation, pays the interest on 
the public debt, and performs other miscellaneous duties. 

The register of the treasury signs and issues all bonds, treasury 
notes, and coin certificates, also all transfers convey- jjggjgtg, 
ing moneys from the treasury to the sub-treasuries or to 
the public depositories. ^ He also receives, examines, and registers 
all redeemed notes and securities of the United States. 

The comptroller of the currency is charged with the execution 
of the national-banking laws. He supervises the na- comptroller 
tional banks, appoints examiners who inspect these of the 
institutions, and superintends the issue of bank-note 
currency. 

The commissioner of internal revenue has charge of the col¬ 
lection of internal revenue, the chief source of which nn Tnwi u- 
is the tax on distilled spirits, fermented liquors, tobacco, sioner of 

and oleomargarine. The commissioner is aided by a col- 
- . , !• i • . revenue 

lector m each revenue district. 

The director of the mint has general supervision of all mints 

> The public moneys are deposited in the treasury at Washington, or in sub-treasuries 
at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Or¬ 
leans, and San Francisco; or in certain banks designated as public depositories. 


S16 


GOVERNMENT AND POLITICS 


and assay offices,^ and prepares annual reports upon the opef- 
Dixeotor ol ations of the mints, and upon the production of the 
the mint precious metals. 

The director of the bureau of engraving and printing has charge 
Bureau of designing, engraving, and printing of all steel 

engraving engraving work for the government, including bonds 
and printing securities of the United States, national-bank notes, 
internal-revenue stamps, postage and customs stamps, patent and 
pension certificates. 

The secret service is a body of detective agents chiefly concerned 
Secret- with the discovery of frauds and erimes against the 

service federal government, especially counterfeiting coins and 

division 

currency. 

The life-saving service in charge of a general superintendent 
Life-saving manages several hundred stations located at dangerous 
service points on the oceans and the great lakes. 

The supervising architect has charge of the selection of sites. 
Supervising and the construction and maintenance of all public 
architect buildings belonging to the federal government. 

The surgeon-general of the public-health and marine-hospital 
Surgeon- service has charge of the marine hospitals of the United 
general States, controls the national quarantine service, and 
supervises the medical examination of immigrants. 


390. The Department of War. The Secretary of War has 
charge of all matters pertaining to national defense and sea- 
Duties of coast fortifications, the administration of the in- 
Secretary sular possessions, river and harbor improvements, 
and the prevention of obstructions to navigation. He pre¬ 
pares estimates of appropriations for the expenses of his 
department, supervises all expenditures for the support and 
transportation of the army, issues orders for the movements 
of troops, recommends appointments and promotions, and 
has charge of the Military Academy at West Point. 

The administrative work of the War Department is car¬ 
ried on by eleven bureaus. At the head of each is an army 
Administra- oflScer detailed for a period of four years. These 
five bureaus ogg^ers are as follows, the title indicating the 
functions of each bureau: the military secretary, the in- 

1 United States mints are located at Philadelphia, San Francisco, New Orleans, Carson 
City, and Denver. 



THE POST OFFICE AT NEW YORK CITY 
A building of the older t5-pe. 



{By courtesy of the Treasury Department) 


THE I’OST OFFICE AT ATLANTA, GEORGIA 
One of the newest buildings. 












t 



THE LIBRARY OF CONGRESS 
■Washington, D. C. 


1 



THE PATENT OFFICE 
Washington, D.C. 


























THE EXECUTIVE DEPARTMENTS 


317 


spector-general, the quartermaster-general, the commis¬ 
sary-general, the surgeon-general, the chief of ordnance, 
the paymaster-general, the chief signal officer, the chief 
engineer, 1 the judge-advocate-general, and the chief of the 
bureau of insular affairs. 

In order to unify the work of the several bureaus, and to 
harmonize the relations between the staff officers (in charge 
of bureaus) and the line officers (in charge of The general 
troops). Congress in 1903 created the general 
staff, which is in effect a supervising military bureau. The 
chief of staff, an army officer designated by the President 
for a term of four years, has general supervision over the 
eleven administrative bureaus, as well as control of all 
troops of the line. In addition to the chief, the general 
staff consists of officers of various ranks who prepare plans 
for the national defense, investigate and report upon the 
efficiency of the army, advise the Secretary of War, and 
aid in coordinating the work of the several administrative 
bureaus. 

391 . The Department of Justice. The Attorney-General 
is the head of the Department of Justice, and the chief law 
officer of the government. He represents the gov- The Attor- 
ernment in all cases to which the United States 
is a party, and gives his advice and opinion concerning ques¬ 
tions of law to the President or the heads of the executive 
departments .2 He exercises general supervision over the 
federal district attorneys and marshals,^ receiving their re¬ 
ports and examining their accounts; examines the titles of 
lands which the government intends to purchase for public 
purposes; and makes an annual report to Congress concern¬ 
ing the business of his department. To the Department of 

1 The chief engineer, assisted by a corps of engineers, is charged with the construction 
and repair of fortifications, military roads, and bridges; and also with other important du¬ 
ties, as the supervision of river and harbor improvements, and of geographical explorations 
and surveys. 

* The opinions of the Attorney-General are published from time to time by the govern¬ 
ment, and are regarded as of high authority upon the questions involved. 

» One district attorney and one marshal is appointed in each of the eighty-five judicial 
districts of the United States. 


318 


GOVERNMENT AND POLITICS 


Justice is also assigned supervision of the penal and reform¬ 
atory institutions of the United States, the investigation of 
applications for pardons, and supervision of the commission 
to codify the federal criminal laws. 

The second law officer of the Department is the solicitor- 
SoUcitor- general, who assists in the general duties of the 
general Department and acts as Attorney-General in case 
of vacancy in that office. 

392 . Post-Office Department. The Postmaster-General is 
charged with the general supervision of the postal service. 
Duties of awards and executes contracts for the trans- 

Postmas- portation of the mails, and directs the manage¬ 
ment of the domestic and foreign mail service. 
The Postmaster-General controls a larger share of federal 
patronage than any other executive officer except the Pre¬ 
sident. He appoints most of the officers and employees 
of the Department at Washington; and also appoints all 
postmasters whose compensation does not exceed $1000 
a year — over 50,000 in number. 

The business of carrying letters is a government mono- 
Letter- Poly» Private competition being strictly prohib- 
carryinga Red. In the carrying of books or merchandise, 
competition is allowed, and the sender may 
choose between the express company and the postal service. 

Valuable letters or packages may be registered at the 
Registered post office upon payment of ten cents besides 
postage. Extra precaution is taken in carrying 
registered matter, and in case of loss the sender is indemni¬ 
fied for the actual value not exceeding fifty dollars. 

Both domestic and international money-orders are issued 
by the post office. Money may be transmitted by deposit- 
Money- ing the desired amount with the local postmaster, 
wEo issues an order directing the postmaster of 
the place to which the money is to be sent to pay the 
sum to the person named in the order. A nominal fee is 
charged, varying according to the amount of the order. 


THE EXECUTIVE DEPARTMENTS 


319 


Nearly all the principal countries conduct a system of 
postal savings-banks in connection with the post office, 
and Congress in 1910 authorized such a system Postal sav- 
for the United States. The telegraph system in ^Ks-ijants 
foreign countries is commonly controlled through this 
department, but in the United States it has remained in 
private hands. 

The United States is a member of the Universal Postal 
Union, which includes all important countries in a single 
postal territory for the reciprocal exchange of cor- universal 
respondence. A uniform rate of postage is fixed, Postal union 
and the mail facilities of each country are placed at the 
service of all the others. At stated intervals an accounting 
is made to adjust the balances. 

393 . Department of the Navy. The Secretary of the Navy, 
aided by an assistant secretary, superintends the construc¬ 
tion, armament, and employment of war vessels. Duties oi 
and also exercises general supervision over the 

naval service. This Department has charge of the Naval War 
College at Newport, and the Naval Academy at Annapolis. 

The administrative work of the Department is carried 

on by eight bureaus, the names of which indicate the work 

done. These are the bureaus of ordnance, equip- ^ 

Bureaus 

ment, navigation, yards and docks, supplies and 
accounts, steam engineering, medicine and surgery, and 
construction and repairs. Most of these are in charge of 
line officers of the navy, commonly having the rank of rear 
admiral; and other naval officers are assigned to bureau 
duties from time to time, this service alternating with serv¬ 
ice at sea. 

394 . Department of the Interior. In the importance and 
diversity of its business, the Department of the Interior 
ranks as one of the greatest of the executive de- Diversity 
partments. The Secretary of the Interior (aided 

by two assistant secretaries) is charged with the super¬ 
vision of the public lands and surveys, pensions, patents. 


320 


GOVERNMENT AND POLITICS 


Indian affairs, education, and the geological survey. He 
also supervises the national parks and reservations, and 
the organized territories; distributes the appropriations for 
agricultural and mechanical colleges throughout the Union; 
and supervises certain hospitals and charitable institutions 
in the District of Columbia. 

The business of the Department is carried on by various 
bureaus: the general land office, bureau of patents, bureau 
Bureaus pensions, office of Indian affairs, bureau of edu¬ 

cation, office of the geological survey, and the 
reclamation service. Each bureau is in immediate charge 
of a principal officer called a commissioner,^ who is ap¬ 
pointed by the President with the consent of the Senate. 


395. The General Land Office. The commissioner of the 
general land office has charge of the survey, management, and sale 
of the public domain.^ Nearly two thirds of the present 
area of the United States has at one time or another 
formed a part of the public domain belonging to the 
national government. This immense territory has been acquired 
by cession, purchase, and conquest.^ The greater part has been 
disposed of in various ways, chiefly by sale at a nominal price to 
individual settlers, or as bounties for military or naval service, or 
as grants to corporations for the purpose of aiding the construc¬ 
tion of railroads, or as grants to the States in aid of education 
and internal improvements. 

About 1,600,000 square miles of public lands are still owned by 
the national government, nearly one third of which is in Alaska, 
and most of the remainder in the States west of the 
104th meridian. Under the Homestead Act, any adult 
citizen of the United States who is the head of a family, 
and is not already the proprietor of 160 acres of land, is entitled to 
enter a quarter-section (160 acres) of unappropriated public land. 
He may acquire title by maintaining his residence upon it, im¬ 
proving and cultivating the land for a period of five years, and the 
payment of nominal fees.. 


Homestead 

Act 


* Except the geological survey and reclamation service, whose chief oiBBcers are called 
directors. 

* Throughout the earlier years of our history, the Secretary of the Treasury was in charge 
of the public domain. In 1812 the office of commissioner of the general land office was created 
as a bureau in the Treasury Department. In 1849 the land office bureau was transferred to 
the Interior Department. 

\ * A list of our territorial acquisitions is ^ven in Section 482. 


THE EXECUTIVE DEPARTMENTS 


321 


Generally, before public land is opened for sale, it must be 
surveyed according to the rectangular system adopted in the 
Ordinance of 1785. Under this plan the lands are di¬ 
vided by north and south lines along the true meridian, pu^c^i^flg 
and by others running east and west so as to form town¬ 
ships as nearly as possible six miles square. Townships are 
divided into sections, one mile square or 640 acres, as nearly as 
may be; and the sections in each township are numbered con¬ 
secutively from one to thirty-six. Sections are further subdivided 
into half-sections of 320 acres, and quarter-sections of 160 acres. 

396. Other Bureaus of the Interior Department. The 
commissioner of patents is charged with the administration of 
the patent laws. He performs important duties of a commls- 
judicial nature, since he acts as a tribunal in deciding sloner ol 
whether a patent may be granted, and in settling dis- 
putes between rival claimants to the same invention. The com¬ 
missioner is aided by an assistant commissioner, a board of three 
examiners-in-chief, and a large staff of examiners, clerks, and assist¬ 
ants. The Patent OflSce is self-supporting, the fees from patents 
more than covering the expenditures of the oflfice.^ 

The commissioner of pensions, aided by two deputy commis¬ 
sioners, supervises and decides claims for pensions on account of 
military or naval service. Pension agencies located in commls- 
various parts of the country facilitate the payment of sioner of 
claims. In the granting of military pensions the United 
States has been more liberal than any other nation, having paid 
out for this purpose a total of nearly four billion dollars.* 

The bureau of Indian affairs looks after matters pertaining 
to the Indian tribes, especially their lands, moneys, sup- 
plies, and schools. Since 1871 Congress has recognized sioner of 
the actual status of the Indians as wards of the govern- 
ment, and has dealt with them as individuals, rather 
than as tribes; and so far as possible, lands have been allotted 
to them in individual ownership. 

* For a discussion of the subject of patents, see Chapter xxxv. 

* The following amounts have been paid to soldiers, their widows, minor children, and 
dependent relatives on account of military and naval service during the.wars in which the 


United States has been engaged: — 

War of the Revolution (estimated) . $70,000,000.00 

War of 1812 (on account of service, without regard to disability) . . 45,757,396.84 

Indian wars (on account of service, without regard to disability) . . . 9,995,609.47 

War with Mexico (on account of service, without regard to disability) . 42,492,784.07 

Civil War. 3,686,461,840.35 

War with Spain. 26,383,805.21 

Regular establishment. 15,507,028.02 

Unclassified . 16,484,049.77 

Actual total disbursements in pensions. 3,913,082,513.73 







S22 


GOVERNMENT AND POLITICS 


There are now about 140 Indian reservations, most of them 
west of the Mississippi, with a total area of about 75,000,000 acres, 
and a population of about 270,000 Indians. Generally 
Mservations Indians on these reservations maintain their tribal 
organization; but a large degree of control is exercised 
by the federal government through the Indian agents, one of whom 
exercises supervision over each tribe. Nearly 300 reservation 
schools are maintained by the federal government, besides twenty- 
five Indian schools in other parts of the country, the most famous 
being those at Hampton and Carlisle. 

It is the duty of the commissioner of education to collect 
statistics as to the condition and progress of education in the 
Commls- various states and in foreign countries; to diffuse in- 
sloner of formation respecting the organization and management 
education school systems and methods of teaching; and in gen¬ 
eral to promote the cause of education throughout the country. 
Under our system of government, direct control of the public- 
school system is in charge of the individual States; and hence 
the duties of the bureau of education are chiefly advisory. Never¬ 
theless, the investigations and reports of the bureau have been of 
the greatest value to educators, especially the annual report, w'hich 
gives detailed statistics concerning public and private education 
in the United States, as well as a summary of educational work in 
foreign countries. 

The director of the geological survey has charge of the classi- 
OHice of the fication of public lands, and the examination of the 
Geological geological structure, mineral resources, and products 
Survey national domain. 

The director of the reclamation service has charge of the sur¬ 
vey, construction, and operation of irrigation works on arid lands. 
The In many parts of the West, the federal government is 

reclamation performing an economic function of the highest value 
service reclaiming vast areas of desert land through the 

construction of great irrigation dams and reservoirs. The lands 
irrigated in this way are sold to actual settlers upon small annual 
payments, which will ultimately cover the cost of constructing 
the irrigation works; and the funds thus obtained are used for 
the construction of additional reclamation projects. In this way, 
hundreds of thousands of acres of desert land are being made 
highly productive. 

3g7. The Department of Agriculture. The Secretary of 
Agriculture has general supervision over all scientific in- 


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THE TRUCKEE RIVER IRRIGATING CANAL, NEVADA 
This shows the concrete construction and one of the flood-gates through which the river water enters the canal. 









THE EXECUTIVE DEPARTMENTS 


S23 


vestigations relating to the agricultural industry. He directs 
the investigations and experiments designed to workoftho 
give farmers] useful information concerning soils, 
grains, fruits, and stock. Through his Department, mil¬ 
lions of packages of seeds are distributed gratuitously, and 
with them is sent information obtained by constant experi¬ 
ment. The Secretary has charge of quarantine stations 
for imported cattle, and the inspection of domestic meats 
and imported food products. The Department issues a 
large number of scientific and technical publications, in¬ 
cluding the Year-Book, the series of Farmers’ Bulletins, 
the Monthly Weather Review, and the Crop Reporter. 

The organization of the Department of Agriculture in¬ 
cludes the following bureaus and divisions, the titles of 
which indicate the nature of the work performed: Department 
the weather bureau, bureau of animal industry, 
bureau of plant industry, forest service, bureau of chemistry, 
bureau of soils, bureau of statistics, bureau of entomology, 
bureau of biological survey, office of experiment stations, 
division of accounts and disbursements, division of publica¬ 
tions, library, and office of public roads. 

The weather bureau renders especially important service in 
forecasting storms, thus preventing many losses to agriculture 
and commerce. Meteorological observations are taken 
at over two hundred stations, and the information is 
forwarded to the central office at Washington, where 
weather predictions for the succeeding day or days are made. The 
predictions are given to the public through a system of flag sig¬ 
nals, by the distribution of weather maps, and by publication 
in the daily papers. 

The forest service has charge of the national forest reserves, 
now amounting to about 160,000,000 acres. By creating these 
reserves, the federal government has checked the 
threatened deforestation of our country; and the con- gervfco 
stant patrolling by forest-service rangers has prevented 
many disastrous fires, as well as thefts by lumber thieves. From 
time to time the forest service plants large areas with trees suit¬ 
able to the climate and soil of the particular region. 


S24 


GOVERNMENT AND POLITICS 


398 . Department of Commerce and Labor. The Depart¬ 

ment of Commerce and Labor, created by Congress in 
FuncUons of 1903, “ fosters, promotes, and develops the foreign 
Department domestic commerce, the mining, manufac¬ 

turing, shipping, and fishing industries, the labor interests, 
and the transportation facilities of the United States.” 
This Department has charge of the investigation of cor¬ 
porations, labor interests, promotion of American manufac¬ 
tures, the census, statistics, immigration, lighthouses, coast 
survey, and steamboat inspection. 

The Department organization includes twelve important 
bureaus: bureau of corporations, bureau of manufactures, 
bureau of labor, lighthouse board, bureau of 
the census, coast and geodetic survey, bureau 
of statistics, steamboat-inspection service, bureau of fish¬ 
eries, bureau of navigation, bureau of immigration, and 
bureau of standards. 

399 . Miscellaneous Boards and Commissions. In addi¬ 
tion to the nine great executive departments, there are 
Independent Several independent boards and commissions 

boards and which perform executive business not assigned to 
commissions p •. . 

any of the departments. The most important of 

these are the Interstate Commerce Commission, the Civil 
Service Commission, the Congressional Library, the Govern¬ 
ment Printing-Office, the International Bureau of Ameri¬ 
can Republics, and the Smithsonian Institution. 


Bureaus 


GENERAL REFERENCES 

Ashley, Roscoe, The American Federal State (1903), pp. 303-813. 

Beard, C. A., American Government and Politics (1910), ch. xi. 

- Readings in American Government and Politics (1910), ch. xi. 

Bryce, James, The American Commonwealth (1907), i, pp. 86-96. 
Congressional Directory, Summary of Departmental Duties (1909), nn. 
291-322. 

Fairlie, John A., The National Administration of the United States (1905). 
pp. 54-262. 

Finley, John H., The American Executive and Executive Methods (1908), 
ch. XVI. 



THE EXECUTIVE DEPARTMENTS 325 

Ford, H. J., The Rise and Growth of American Politics (1898), pp. 383-* 
396. 

Forman, S. E., Advanced Civics (1905), ch. xix. 

Goodnow, F. J., Comparative Administrative Law (1903), i, pp. 127-161. 
Harrison, B., This Country of Ours (1903), pp. 181-299. 

Hart, A. B., Actual Government (1903), pp. 276-282. 

Lowell, A. L., Essays on Government (1889), no. i. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. ix. 
Various Authors — History-Making, The Story of a Great Nation (1910). 
Woodbum, J. A., The American Republic (1908), pp. 189-194. 


QUESTIONS AND EXERCISES 

1 . What is the meaning of “department” as the term is used in the con¬ 
stitution? Why is our cabinet said to be extra-constitutional? 

2 . How are cabinet officers appointed and confirmed? How may they 
be removed? 

3. Could Congress require the President to consult and follow the judg¬ 
ment of his cabinet? 

4. Could Congress by statute give seats in either house to cabinet oflScers? 
What would be the advantages of this plan? 

5. Discuss the relations between the departments and the congressional 
committees. (McConachie, L. G., Congressional Committees, p. 221 .) 

6. Discuss the advantages of the British cabinet system. 

7. Name the members of our present cabinet. Which States are repre¬ 
sented? Describe the previous public service of its members. 

8 . What is the purpose of the International Bureau of American Repub¬ 
lics? (Barrett, John, in History-Making, pp. 50-52.) 

9. Consult the Congressional Directory and other sources, and prepare 
a short report upon the duties of the State Department. 

10. Name several of our greatest Secretaries of State. 

11. Contrast the position of our Secretary of the Treasury with that of 
the finance minister of a European country. (Reinsch, P. S., Read¬ 
ings on American Federal Government, pp. 367-368.) 

12. Prepare a brief report upon the fiscal business of the Treasury De¬ 
partment. (Congressional Directory; Reinsch, P. S., Readings, pp. 

362- 377.) 

13. Prepare a report upon the miscellaneous business of the Treasury 
Department. (Congressional Directory; Reinsch, P. S., Readings, pp. 

363- 364.) 

14. Describe the work of the secret-service bureau. (Wilkie, John E., in 
History-Making, pp. 21-28.) 

15. Report upon the work of the bureau of the mint. (Leach, Frank A., 
in History-Making, pp. 133-137.) 

16. What is meant by the statement that “the Secretary of the Treasury 
came to the aid of the money market”? 

17. Report upon the functions of the several bureaus of the War Depart¬ 
ment. (Congressional Directory.) 

18. Describe the position of the chief-of-staff of the army. (Wayne, Flynn, 
in History-Making, pp. 206-209.) 

19. Compare the position of Attorney-General with that of your State’s 
attorney; also with that of the prosecuting attorney of your county, 
and of your city solicitor. 


326 GOVERNMENT AND POLITICS 

20. Prepare a report upon the functions of the Department of Justice. 
(Congressional Directory; also, Bonaparte, Charles J., in History- 
Making, pp. 35-39; Reinsch, P. S., Readings, pp. 377-381.) 

21. Cite facts which tend to prove that our post office is the largest busi¬ 
ness enterprise in the world. 

22. What are some of the abuses of the present classification of mail 
matter? (Reinsch, P. S., Readings, pp. 383-385.) 

23. Discuss the fraud orders of the Post-Office Department. (Reinsch, 
P. S., Readings, pp. 391-393.) 

24. When were postal savings-banks first established in the United 
States? Purposes and advantages of the system? 

25. Give arguments for and against government ownership of railways 
and telegraph lines. 

26. Prepare a report upon the duties of the Navy Department. (Congres¬ 
sional Directory; also Newberry, J. H., in History-Making, pp. 58-66.) 

27. Report upon the work of the general land office. (Congressional 
Directory; also Dennett, Fred, in History-Making, pp. 40-43.) 

28. Describe the work of the reclamation service. (Newell, E. H., in His¬ 
tory-Making, pp. 188-190.) 

29. Describe the work of the weather bureau. (Moore, W. L., in History- 
Malcing, pp. 149-154.) 

30. In what ways does the federal government promote agriculture? 

31. Prepare a report upon the scientific work of the federal government. 
{History-Making, pp. 29, 83, 98, 149, 183,188; Reinsch, P. S., Readings, 
pp. 419-432.) 

32. Describe the purpose and work of the bureau of corporations. (Reinsch, 
P. S., Readings, pp. 529-537.) 

33. Prepare a report upon the Congressional Library. (Putnam, Herbert, 
in History-Making, pp. 138-148.) 

34. Discuss the work of the Civil Service Commission. (Kaye, P. L., Read¬ 
ings in CivU Government, pp. 232-242; Reinsch, P. S., Readings, pp. 
683-702.) 

35. Describe the work of the census bureau. 

36. What department has charge of the erection of federal buildings? 
Of river and harbor improvements? Of the granting of patents? Of 
immigration? Of the collection of customs? Of the infringement of 
the rights of our citizens abroad? 

37. Readings on the executive departments: Kaye, P. L., Readings, pp. 
211-225; Reinsch, P. S., Readings, pp. 362-460; Beard, C. A., Read¬ 
ings, ch. IX. 



courtesy of Foster and Reynolds) 


THE STATE, WAR, AND NAVY DEPARTMENTS 



SUPREME COURT CHAMBER 

































CHAPTER XXVIII 


THE FEDERAL JUDICIARY 

400. Necessity of a Federal Judiciary. Under the Art¬ 
icles of Confederation there was no provision for a federal 
judiciary.^ Hence the laws and treaties of Congress were 
not addressed to individuals as commands, for violation 
of which the courts would enforce a penalty; but were 
merely requests or recommendations addressed to sover¬ 
eign States. With the establishment of a new government 
possessing the attributes of nationality and empowered to 
pass laws operating directly upon individuals, a national 
judiciary was essential in order to interpret and apply those 
laws, and to enforce a penalty for their violation. The 
creation of the federal judiciary as an independent and co¬ 
ordinate department of the government,^ with final power 
to decide as to the interpretation and constitutionality of 
legislative and executive acts, was the unique and crowning 
achievement of the Constitutional Convention of 1787 . 

401. The National Courts. The constitution vests the 
judicial power of the United States in one Supreme Court, 
and in such inferior courts as Congress may see fit judiciary 
to establish. In accordance with this provision, 

Congress in 1789 passed the Judiciary Act drafted by 
Oliver Ellsworth, which with modifications still forms the 
basis of our judicial system. This act organized the Su- 

* The Confederation Congress was made a court of appeal in case of disputes between 
two or more States concerning boundaries, jurisdiction, and other causes; and Congress 
was authorized to erect admiralty courts with certain powers. But neither Congress nor 
these courts had the all-important power of enforcing their judgments. 

* “The judicial department is ultimately dependent on the executive department to 
enforce its judgments if resisted, and upon the legislative department for the appropria¬ 
tion of the funds necessary to enable it to continue in existence and discharge its functioos.” 
McClain, E., Constitutional Law in the United States, pp. 219-220. 


328 


GOVERNMENT AND POLITICS 


preme Court, and also created circuit and district courts; 
it apportioned the federal jurisdiction among the three 
grades of courts; created the office of Attorney-General, 
and provided for a marshal in each judicial district. 

In 1891 Congress created nine “circuit courts of ap¬ 
peals’’ in order to relieve the Supreme Court of part of its 
Pour grades former appellate jurisdiction; so that there are 
of courts grades of federal courts — the Supreme 

Court, the circuit court of appeals, the circuit court, and 
the district court. 

402. Federal Judges. In 1910 the number of federal 

judges was as follows; Supreme Court justices, nine; cir- 
NumDer judges, twenty-nine; district judges, eighty- 

appoint- nine. All United States judges are appointed by 

' the President, subject to confirmation by the 
Senate; and their term of office is for life, or during good 
behavior. Federal judges are thus made independent both 
of the appointing power and of the popular will, since they 
can be removed from office only by conviction on impeach¬ 
ment charges.^ 

Judges receive a compensation which may be increased 
but cannot be diminished during their continuance in office. 
Compensa- The justices of the Supreme Court are paid 
$12,500 a year (the chief justice receiving an 
additional $500); circuit judges, $7000; and district judges, 
$6000. Any judge who has held his commission at least 
ten years may resign on attaining the age of seventy years, 
and continue to draw full salary during the remainder of 
his life. 

403. Jurisdiction of the Federal Courts. The federal 
courts authorized by the constitution are courts of limited. 
Limited not of general, jurisdiction; that is, they have 
Jurisdiction authority to try only such cases as are specifically 
placed within their jurisdiction by the provisions of the 
federal constitution and the laws enacted by Congress. 

* Only three federal judges have ever been impeached, and but two convicted: Judge 
Pickering in 1803, and Judge Humphreys in 1862. 


THE FEDERAL JUDICIARY 


329 


The nine classes of cases enumerated in the constitution 
may be grouped under two general heads: (1) cases in which 
the federal jurisdiction depends upon the character of the 
suit; (2) cases in which the federal jurisdiction depends 
upon the character of the parties. 

404. Jurisdiction depending upon Character of Suit. 

The class of cases in which jurisdiction depends upon the character 
of the suit includes: (a) cases in law or equity arising 
under the constitution or laws of the United States, Son?/cases 
or treaties made under their authority, (b) Cases of 
admiralty and maritime jurisdiction, (c) Controversies between 
citizens of the same State claiming lands under grants of dififerent 
States. 

The most important cases within this group are those arising 
under the federal constitution, laws, or treaties; for it is by virtue 
of this authority that the national courts are enabled 
to maintain and enforce the provisions of the federal federaUaw 
constitution, as well as the laws and treaties made 
under its authority. In order to come within the federal juris¬ 
diction, it must appear that some right, title, privilege, or im¬ 
munity claimed by one of the parties involves a construction of 
the federal constitution, laws, or treaties. Thus, if one of the 
parties claims that a State law afiPecting his rights is a law which 
impairs the obligation of contracts, the case is within federal 
jurisdiction, since it involves the construction of the federal con- 
stitution.i Or if one holding a patent from the federal govern¬ 
ment desires to bring suit for infringement, this would be a case 
arising under the laws of the United States, since patents are 
granted only by federal law. Again, if a municipality should pass 
an ordinance requiring all Chinese inhabitants to remove to a 
certain quarter of the city, the aliens concerned could seek re¬ 
dress in the federal courts, since the case would be one arising 
under a treaty.* 

The judicial power of the United States also extends “to all 
cases of admiralty and maritime jurisdiction.” Since 
the high seas are the joint property of the nations, jurisdiction 
the determination of maritime rights or transactions 
on such waters is necessarily beyond the jurisdiction of the 

* Article i, Section 10 of the constitution provides that no State shall pass any law 
impairing the obligation of contracts. 

* The Burlingame treaty with China guaranteed to Chinese subjects the same privileges 

in respect to residence as are enjoyed by the citizens or subjects of the most favored nation. 
In re Lee Sing et al., 43 Fed. Rep. 359; Thayer’s Cases, i, 861. ^ 


330 


GOVERNMENT AND POLITICS 


State courts. As now construed, the admiralty jurisdiction of the 
federal courts extends not only over the high seas, but over all. 
of the navigable waters of the United States which constitute 
avenues for foreign or interstate commerce. 

Likewise reserved for federal decision are controversies between 
Land-grant citizens of the same State claiming lands under grants 
oases of difiPerent States. As the rights of the two States to 

grant the lands are drawn into question, it is clear that the courts 
of neither State should decide the controversy. 

405. Jurisdiction depending upon Character of Parties. 

The second group of cases, wherein federal jurisdiction depends 

upon the character of the parties, includes: (a) cases af- 
tioi^/cases f^cting ambassadors, other public ministers, and con¬ 
suls. (b) Controversies to which the United States is a 
party. 1 (c) Controversies between two or more States, (d) Con¬ 
troversies between a State and citizens of another State.^ (e) Con¬ 
troversies between citizens of different States, (f) Controversies 
between a State, or the citizens thereof, and foreign States, citi¬ 
zens, or subjects. It is apparent that this group of cases includes 
those controversies whose determination by a federal tribunal 
is necessary to secure harmonious foreign and interstate relations, 
or to secure an impartial decision concerning the rights of citizens 
of the several States. 

406. The Federal Judicial System. As already stated, 
the judicial power of the United States is vested in a sys- 
Fourgrades tem of courts of four grades: the district courts, 
of courts circuit courts, circuit courts of appeals, and the 
Supreme Court. The Supreme Court is expressly provided 
for by the constitution, and is therefore largely independ¬ 
ent of Congress. The courts of the other three grades are 
statutory courts; that is, they are created by Congress, 
which body may alter their jurisdiction or abolish them 
entirely, at its discretion. 

407. Federal District Courts. The federal courts of low¬ 
est grade are the district courts, one of which exists in each 

* This includes all federal criminal suits; also suits by the United States against individ¬ 
uals for debt, for the non-ful611ment of contracts, or for wrongful possession of property. 

* Shortly after the decision in the case of Chisholm v. Georgia (1793), the eleventh 
amendment was added to the constitution. This provides in effect that a State cannot 
be sued in a federal court by citizens of another State, or by citizens of a foreign state. 
Hence while States may bring suits in federal courts against citizens of other States, they 
cannot themselves be sued by individuals in the national courts. 


THE FEDERAL JUDICIARY 


331 


of the eighty districts into which the United States is 
divided. No district includes more than one Lowest led- 
State, but many States are divided into two or i 

more districts. Each district ordinarily has its own district 
judge, who holds court at one or more places within the 
district. 

The most important jurisdiction possessed by the dis¬ 
trict courts is that of trying prosecutions for crimes against 

federal law, other than capital offenses. The , ^ 

... .... Junstllction 

district courts also have jurisdiction in certain 

civil cases, including bankruptcy, admiralty and maritime 
cases, and suits brought by the United States to enforce the 
revenue or other federal laws. ^ 

408. Federal Circuit Courts. Next above the district 
courts are the circuit courts, nine in number, each circuit 
including several judicial districts. Two or more oj.gaaizaUon 
circuit judges are appointed for each circuit, with 
authority to preside over the circuit court; but inasmuch 
as the circuit judges are also judges of the circuit courts of 
appeals, the circuit court is ordinarily held by one of the 
district judges of the circuit.^ 

The circuit court has jurisdiction over all prosecutions 
for crime against the laws of the United States, and ex¬ 
clusive jurisdiction over capital offenses. The civil 
jurisdiction of the circuit court is extensive, and 
embraces cases arising under the constitution, laws, or 
treaties of the United States; also controversies between 
citizens of different States, or between citizens of a State 
and a foreign state, citizens, or subjects, provided the 
amount in controversy exceeds $2000.® Suits under the 

* Suits by the United States may be brought in the circuit court if the amount involved 
exceeds $2000. 

* Each of the nine justices of the Supreme Court is also assigned to a particular circuit, 
and it was formerly the practice for each Supreme Court justice to preside over a circuit 
court; but the practice is now abandoned, although the authority remains. Circuit court 
may thus be held by a Supreme Court justice, by a circuit judge, or by a district judge, 
sitting alone; or by any two or all of them, sitting together. 

* If the sum in dispute is less than $2000, the State courts have exclusive jurisdiction; 
but the decision of the highest State court may be reviewed on error by the United States 
Supreme Court, if it denies a right claimed under federal law. 


S32 


GOVERNMENT AND POLITICS 


patent or copyright laws, the postal laws, and proceedings 
under the interstate commerce law, the anti-trust law, and 
under the immigration acts, may be brought in the circuit 
court without regard to the amount of money involved. 

409 . Federal Circuit Courts of Appeals. In order to re¬ 

lieve the work of the Supreme Court, a new court known 
EstabUsh- as the circuit court of appeals was established in 
ment ^891 in each of the nine circuits. This court con¬ 

sists of three judges (two of whom constitute a quorum), 
selected from the following list: the Supreme Court justice 
assigned to the particular circuit, the circuit judges, and 
the district judges of the circuit. 

The circuit court of appeals exercises only appellate juris¬ 
diction. In most civil cases, and in criminal cases where 

the crime is not capital,^ appeals may be taken 
Jurisdiction . . 

from the lower federal courts to the circuit court 

of appeals. With few exceptions the decisions of this court 
are conclusive, no appeal to the Supreme Court being 
permitted. 

410 . The Federal Supreme Court. The Supreme Court 

consists of one chief justice and eight associate justices. 
Organization whom constitute a quorum. This court sits 

and pro- at the national capital, its sessions being held 

annually, commencing on the second Monday in 
October. After a case has been tried before the court, the 
opinion of a majority of the judges is ascertained, and the 
chief justice then assigns to one of his associates the task of 
writing the decision. This is then read before the others, 
and if accepted by a majority it becomes the decision of 
the court. 


The jurisdiction of the Supreme Court is of two kinds, original 
and appellate. Its original jurisdiction, being prescribed by con- 
Orlglnal stitutional provision, cannot be abridged or extended 
Jurisdiction by statute. The Supreme Court has original jurisdic¬ 
tion (1) in all cases affecting ambassadors, other public ministers, 

* If the crime is capital or otherwise infamous, the appeal is to the Supreme Court. 


THE FEDERAL JUDICIARY 


S33 


and consuls; (2) in cases in which a State is a party. The original 
jurisdiction of the Supreme Court has been resorted to principally 
to settle controversies between the States. 

The appellate jurisdiction of the Supreme Court is subject to 
the control of Congress, and may be enlarged or restricted by 
that body. The Supreme Court now hears appeals from 
the inferior federal courts as follows: (1) Cases from the 
district or circuit court in which the jurisdiction of the 
court is in question; final decrees in prize cases; cases of convic¬ 
tion for capital or otherwise infamous crimes; cases involving the 
construction or application of the constitution of the United States, 
or of a federal law or treaty; cases in which the constitution or law 
of a State is claimed to be in contravention of the constitution of 
the United States. (2) Certain cases may be certified to the Su¬ 
preme Court by the circuit court of appeals, or removed from that 
court by direction of the Supreme Court. (3) In certain cases 
the Supreme Court hears appeals from the supreme courts of the 
territories, the supreme court of the District of Columbia, and 
from the court of claims. 

(4) Finally, the Supreme Court has power to hear appeals from 
State courts of last resort in cases involving a federal question, 
where the decision of the State court is against the Appeals 
validity of a federal statute or treaty or authority ex- from State 
ercised under the United States; or where the decision 
of the State court is against the title, right, privilege, or immunity 
claimed by either party under the constitution, laws, treaties, or 
authority of the United States; or where the decision of the State 
court is in favor of a State statute or constitutional provision 
which is claimed to be repugnant to the federal constitution, laws, 
or treaties. 

411. Special United States Courts. The four courts de¬ 
scribed above constitute the national judicial system, and exer¬ 
cise the judicial powers prescribed in the federal consti- 
tution.^ But in the exercise of its own authority. Con- claims 
gress has created several special tribunals. Of these the 
most important is the court of claims (created in 1855), composed 
of five justices who sit at Washington. This court has authority 
to try claims against the United States, and if its judgment is in 

* The circuit courts may appoint United States commissioners, with power to take affi¬ 
davits and conduct preliminary hearings in criminal cases, and also with certain powers in 
admiralty cases. While the federal district courts have original jurisdiction in bankruptcy 
cases, the statute regulating this subject provides for referees who may perform many of 
the judicial duties in bankruptcy proceedings, their jurisdiction generally being confined to 
a single county. 


336 


GOVERNMENT AND POLITICS 


Court. However, many cases arise which involve only the 
application of general principles of law, or the construction 
of State constitutions and statutes. In such cases, the 
general rule is that in administering the local or State law, 
the federal courts will follow the settled decisions of the 
highest State court. 

414 . Declaring Legislative Acts Void. Federal courts, 
like those of the States, exercise a twofold function. In 
Unique common with the courts of all countries, they have 
Americaa power of determining the meaning of a legis- 

courts lative enactment involved in any case before the 
court, and applying the law, when its meaning has been 
ascertained, to the particular case. But American courts 
have a second function which foreign judiciaries do not 
possess; for they have the power to decide whether the 
legislative enactment involved in the case before the court 
is one which the legislature is warranted under the consti¬ 
tution in passing — in short, whether the particular enact¬ 
ment is law at all. 

The federal constitution, we have seen, is the supreme 
law of the land, and Congress has only such legislative 
Pinal Inter- power as the constitution confers. It is the func- 
SfconsU- of the judiciary to decide whether legislat- 

tuUon jye Qj. executive acts involved in cases before the 
court are in excess of the authority granted; for if so, they 
are null and void. This power likewise extends to acts of 
the State legislatures and provisions of the State constitu¬ 
tions, which, to be valid, must not conflict with any pro¬ 
vision of federal law. 

In the case of Marbury v. Madison,^ decided in 1803, 
the doctrine was first explicitly asserted that an act of 
MarDuryv. Congress repugnant to the federal constitution 
Madison void; and from that date the position of the 

United States Supreme Court as the final and authoritat¬ 
ive interpreter of the constitution was assured. 


* 1 Cranch, 137; Thayer, i, 107. 


THE FEDERAL JUDICIARY 


837 


In United States v. Judge Peters (1809), in Martin r. 
Hunter’s Lessee ^ (1816), McCulloch v. Maryland ^ (1819), 
and in Cohen v. Virginia^ (1821), the Supreme 
Court asserted its power to disallow acts of the important j 
State legislature which were repugnant to the fed- 
eral constitution.** Since these cases, scores of State stat¬ 
utes and many provisions of State constitutions have been 
set aside as void because of conflict with the federal consti¬ 
tution. The most famous decision disallowing an act of Con¬ 
gress was probably the Dred Scott Case ® decided in 1857, 
denying the power of Congress to prohibit slavery in the 
territories. Other notable decisions of the Supreme Court 
setting aside act's of Congress are: the first Legal-Tender 
Decision (1870), disallowing the Legal-Tender Act; ® the 
Civil-Rights Cases (1883-84), in which acts designed to pro¬ 
tect negro citizens were disallowed; the Trade-Mark Cases 
(1879), in which the general power of the national gov¬ 
ernment to register trade-marks was denied; ^ and the In¬ 
come-Tax Cases (1895), in which, by a majority of one, the 
federal tax on incomes was declared unconstitutional. 


GENERAL REFERENCES 

Ashley, Roscoe, The American Federal State (1903), ch. xvi. 

Baldwin, S. E., The American Judiciary (1905). 

Beard, C. A., American Government and Politics (1910), ch. xv. 

- Readings in American Government and Politics (1910), ch. xv. 

Black, H. C., American Constitutional Law (1897), ch. vii. 

Burgess, J. W., Political Science and Comparative Constitutional Law (1905), 
II, 320-332. 

Bryce, James, The American Commonwealth (1907), i, chs. xxii-xxiv. 
Cooley, T. M., Constitutional Law (1898), ch. vi. 

* 1 Wheaton, 304; Thayer, i, 123. * 4 Wheaton, 316; Thayer, i, 271. 

» 0 Wheaton, 264; Thayer, i, 285. 

* Perhaps the most noted decision setting aside an act of a State legislature was the 
Dartmouth College Case, decided in 1819. This case declared void an act of the New 
Hampshire legislature on the groimd that it impaired the obligation of a contract, thus 
contravening Section 10, of Article i of the federal constitution, forbidding the States to 
pass any law impairing the obligation of contracts. 4 Wheaton, 518; Thayer’s Cases, li, 
1564. 

® Dred Scott v. Sandford, 19 Howard, 393. 

* The adverse decision in this case was rendered by four judges to three, and was re¬ 
versed the following year by five judges to four. The Legal Tender Cases, 12 Wallace, 457, 
529. 

^ The federal government has power to protect only those trade-marks used in foreign or 
interstate commerce. 



S38 


GOVERNMENT AND POLITICS 

Goodnow, F. J., Comparative Administrative Law (1903), ii, 144-216. 

Hamilton, Jay, and Madison, The Federalist (ed. by Lodge, 1904), nos. 
78-83. 

Harrison, B., This Country of Ours (1903), chs. xx-xxi. 

Hart, A. B., Actual Government (1903), ch. xvii. 

Landon, J. S., The Constitutional History and Government of the United 
States (1905), chs. xiii-xiv. 

McClain, E., Constitutional Law in the United States (1905), chs. xxiv-xxix. 

Pomeroy, J. N., Constitutional Law of the United States (1888). 

Reinsch, P. S., Readings on the American Federal Government (1909), 
ch. XIV. 

Schouler, James, Constitutional Studies (1904), pp. 169—177. 

Story, J., Commentaries on the Constitution of the United States (5th ed., 
1905), secs. 1573-1795. 

Tucker, J. R., The Constitution of the United States (1899), ii, ch. xni. 

Willoughby, W. W., The Supreme Court of the United States (1890). 

Wibon, Woodrow, Constitutional Government in the United States (1908), 
ch. VI. 

Woodbum, J. A., The American Republic and Its Government (1908), ch. vi. 


QUESTIONS AND EXERCISES 

1. What territory is included in your federal judicial district? Where 
is the court held? Name the district judge, the district attorney, 
and the marshal. For what term and by whom b each appointed? 

2. What States are included in your judicial circuit? Who is the Supreme 
Court justice for this circuit? Who are the circuit judges? 

3. Name the justices of our present Supreme Court? Name the men 
who have held the position of chief justice. Which ones are most 
famous? 

4. Prepare a report upon the influence of John Marshall as chief justice. 

5. May Congress by statute abolbh the Supreme Court? Increase or 
decrease the number of Supreme Court judges? 

6. Compare the method of appointment and term of federal judges with 
that of the judges of your State supreme court. 

7. What are the advantages of life tenure for judges ? (Kaye, P. L., 
Readings in Civil Government, pp. 247-250.) 

8. Describe the process by which the United States Supreme Court renders 
a decision. By whom is the decision written, by whom reported, and 
where published? (Reinsch, P. S., Readings, pp. 716-717.) 

9. May the President require the opinion of the Supreme Court upon a 
legislative measure? Whom should he consult? 

10. How are the judgments of the Supreme Court carried out? If the 
President should refuse to execute them, is there a remedy? 

11. Is the Supreme Court bound by its own previous decisions? 

12. What is the effect of a decision of the United States Supreme Court 
upon persons not parties to the suit? 

13. How is the jurisdiction of the federal courts determined? 

14. What was the constitutional result of the eleventh amendment? May 
a State sue another State in the federal courts for the payment of 
bonds? 

15. State the conditions under which a case may be appealed from the 
supreme court of your State to the United States Supreme Court. 


THE FEDERAL JUDICIARY 339 

16. Prepare a report showing how the federal courts protect the rights: 
(a) of the nation; (b) of the States; (c) of citizens. 

17. Report upon the use of each of the following judicial writs: habeas 
corpus, injunction, mandamus. 

18. Describe the power, process, and effect of declaring legislative acts 
unconstitutional. (Marbury v. Madison, 1 Cranch, 137; Thayer’s 

I Cases, I, 107; McClain, E., Constitutional Law in the United States, 
pp. 19-25.) 

19. May a State court declare a federal law unconstitutional? 

20. Was the Sedition Act constitutional? The Embargo Act? The Mis¬ 
souri Compromise? 

21. Select one of the following cases, and report upon the constitutional 
question decided: McCulloch v. Maryland (4 Wheaton, 316; Thayer’s 
Cases, I, 271); Dred Scott v. Sandford (19 Howard, 393); the Legal- 

. Tender Cases (12 Wallace, 457, 529; Thayer’s Cases, ii, 2237); the 
Civil-Rights Cases (109 U. S. 3; Thayer’s Cases, i, 554); the Income- 
Tax Cases (Springer v. United States, 102 U. S. 586; Thayer’s Cases, 
II, 1321); Pollock v. Farmers’ Loan and Trust Co., 157 U. S. 429. 

22. Assuming that there is a conflict between the following laws, state 
which one prevails: (a) a city ordinance and a State statute; (b) a 
city charter and a State constitution; (c) a State constitution and a 
law of Congress; (d) a State statute and a law of Congress; (e) a State 
constitution and the federal constitution; (f) a law of Congress and a 
treaty; (g) a law of Congress and the federal constitution. (Section 150.) 

23. Readings on the federal judiciary: Kaye, P. L,, Readings, pp. 243- 
249; Reinsch, P. S., Readings, pp. 703-715; Beard, C. A., Readings, 
ch. XV. 


CHAPTER XXIX 


EXPENDITURE AND REVENUE 

‘ 415 . Objects of Federal Expenditures. The total ex¬ 
penditures of the national government now approximate 
one billion dollars annually, the objects of expenditures 
being shown by the diagram on the next page. 

( 416 . Growth of Government Expenditures. In 1800, the 
total federal expenditures amounted to $10,813,000, or 
$1.17 per capita; in 1860, the amount was $63,200,000, or 
$2.01 per capita; while in 1909, the total expenditures were 
$1,002,303,040, or $10.87 per capita. Thus the total vol¬ 
ume of expenditure is now nearly sixteen times as great as 
it was about fifty years ago, and the per capita expend¬ 
iture is more than five times as great. 

While a portion of this expenditure is undoubtedly waste¬ 
ful, it must be kept in mind that governments to-day per¬ 
form many more services than formerly, and expenditures 
have grown larger as government activities have increased. 
Moreover, while the per capita expenditure has increased, 
wealth has also greatly increased, especially in the United 
States; and hence the increased expenditure does not neces¬ 
sarily mean a greater burden to the individual taxpayer. 

417 . Control of Federal Expenditures. Control of federal 
expenditures is vested in Congress under the constitutional 
provision that no money shall be drawn from the treasury 
except in consequence of an appropriation made by law.^ 
Hence Congress has absolute power over expenditures, 
subject only to the executive veto.^ About one third of 
the federal expenditures are permanent, or permanent 
specific; that is, voted for a certain purpose without limita- 

» Conrtitution, Art. i, Sec. 9, Par. 7. 

* The value of this check upon expenditures is greatly lessened by the fact that the 
President cannot veto particular items of an appropriation bill, but must accept or reject 
the bill as a whole. 


EXPENDITURE AND REVENUE 


S41 


tion as to time, and payable out of any money in the treas¬ 
ury not otherwise appropriated. All other appropriations 
are made annually. 

The constitution requires that “a regular statement 
and account of the receipts and expenditures of all public 


MlCotts 2S 50 75 ^OO ^25 /50 ^75^200 225 


(a) 

0) 

0 ) 

0) 

if) 

if 

0 ) 

(i) 

if 

He] 

il) 

0) 

0 ) 

ipl 



a PostalDishuvspmerds, 
6 Intovior. 
c War. 
d NaVy. 

e PahlicPehiDishuvsemenis. 
jf Troasury 
y Panama (analPislutsemenis, 
h ,/^riculiuve. 
i P/istrict (olumhia. 
j Qmmorce and Labor, 
k Legislative. 

I Judicial, 
m State. 

n IruleppmlentBureausL^dffices. 
o Justice. 

p Executive, Firoper. 


OBJECTS OF FEDERAL EXPENDITURES, 1909 












S42 


GOVERNMENT AND POLITICS 


moneys shall be made from time to time.” ^ In accordance 
Preparation provision, the Secretary of the Treas- 

oithe ury lays before Congress at the beginning of 
budget regular session a report upon the national 

finances giving: (1) a condensed statement of receipts and 
expenditures for the last fiscal year; (2) an estimate of the 
revenues and expenditures for the fiscal year about to be 
entered upon; (3) an outline of the fiscal policy desired by 
the administration. The Secretary’s report is submitted 
to the Speaker of the House, who refers it to the appropriate 
committees. 

Real control of financial policy is thus vested in the con¬ 
gressional committees; for while they may take the report 
pinanciai of the Secretary of the Treasury as a basis for legis- 
oommittees lotion, they are under no legal obligation to do so, 
and the recommendations of that official are often materi¬ 
ally modified or even entirely rejected. The most import¬ 
ant of the House committees is that on ways and means, 
which has almost exclusive control of plans for raising 
revenue. Only second in importance to the ways and 
means committee is the committee on appropriations. 
Formerly this committee reported all appropriation bills, 
but at present it reports only six bills, namely, the sundry 
civil bill; the legislative, executive, and judicial bill; the 
District of Columbia, pension, fortifications, and deficiency 
bills. Each of the other six appropriation bills is assigned, 
respectively, to the House committee having charge of the 
subject-matter in question.^ 

Bills thus prepared are submitted to the House, and if 
Process of passed by that body go to the Senate, where bills 
legislation raising revenue are referred to the finance com¬ 

mittee, and appropriation bills to the committee on appro- 

» Constitution, Art. i. Sec. 9, Par. 7. 

• Thus the committee on foreign affairs has charge of the appropriation bill for the con¬ 
sular and diplomatic service; the committee on military affairs, of the bills for the support 
of the army, and for the support of the Military Academy; the committee on naval affairs, 
the bill for the naval service; committee on Indian affairs, the bill for the Indian service; 
committee on post oflSce and post roads, the bill for the postal service; the committee on 
agriculture, the bill for the Department of Agriculture. 


EXPENDITURE AND REVENUE 343 



M// io/ts /OO 200 3 00 -¥00 SOQ 600 ZOO 800 S'OO/00.0ZfOO /^OO/300 

/3<!0 


fses 


/aio 


/)is6(/rsemfnts 

/^eee/ptS' 


priations. Both revenue 
and appropriation bills 
are freely amended by the 
Senate; and conference 
committees are often ne¬ 
cessary to adjust the dif¬ 
ferences between the two 
bodies. After passing Con¬ 
gress, financial measures, 
like all other bills, must be 
submitted to the President 
for his approval or veto. 

418 . Criticisms of Fed¬ 
eral System of Finance. 
Our system of public finance 
has been severely criticised 
by Bryce and other author¬ 
ities, for the following rea¬ 
sons : — 

(1) Responsibility for pre¬ 
paring the budget ought to be 
direct, personal, Responsl- 
and complete; but l)lllty dlf- 
under our prac- 
tice, this responsibility is dis¬ 
persed among independent 
committees of coordinate au¬ 
thority. The twelve annual 


ms 


/S80 


ms 


/69S 


fSOS 


FEDERAL REVENUES ANT) EXPEND¬ 
ITURES, 1860-1909 








































































344 


GOVERNMENT AND POLITICS 


appropriation bills enacted by Congress are prepared by seven 
different House committees, each of which is independent of the 
rest, and all of which may ignore entirely the ways and means 
committee, whose business it is to raise the revenue, as well as the 
Secretary of the Treasury, whose duty it is to suggest a fiscal plan. 

(2) There is no direct relation between the amount proposed 
to be raised and the amount proposed to be spent in any one 
Expendl- year. In most foreign countries, as in the case of our 
tures and own States and cities, the necessary expenditures are 
correlate(?°* calculated beforehand as closely as possible, and taxes 

are then levied to supply the necessary funds. Federal 
finance reverses this process; it first provides revenue without any 
special reference to the needs of the country, and then considers 
ways of expending the money raised. 

(3) The executive branch of the government has insufficient 

authority in financial affairs. The Secretary of the Treasury, 
Lack ot unlike the British Chancellor of the Exchequer, does not 
exeoutlvd submit his financial projects in the form of bills which 
control defends on the floor of the House; he may only re¬ 

commend measures for the secret consideration of committees. 
Moreover, since the President cannot veto particular items in 
appropriation bills, his authority over fiscal legislation is limited.* 



(“) 

lb) 

(c) 

(d) 


JOO 


<v Customs Rot>enue. 
b Intemnl R0i)enuo. 
c Fhsial Receipts^ 
d JHiscellanoous.' 
e Public Debt Rocoipts. 

y Panama Q,nal Recoipts, 


SOURCES OF FEDERAL REVEmjES, 1909 


419. Sources of Federal Revenue. The ordinary revenues 
of the federal government are derived mainly from three 

* By an act passed in 1909, it is made the duty of the Secretary of the Treasury to 
compare the estimates of expenditure for the ensuing fiscal year with the probable revenues 
for the same period. In case the Secretary’s estimates show a probable deficit, it is the duty 
of the President to recommend methods by which the deficit may be met. 












EXPENDITURE AND REVENUE 


345 


sources, — customs duties, internal revenue, and postal serv¬ 
ice. Leaving postal receipts out of the question Customs, 
(since the cost of the postal service exceeds the 
receipts), nearly ninety per cent of the national in- receipts 
come is derived from customs duties and internal revenue. 

420 . Taxing Power of the National Government. The 
constitution delegates the taxing power to Congress in the 
following terms: “ The Congress shall have power Taxing 
to lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common de¬ 
fense and general welfare of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States.” ^ The taxing power thus vested in 
Congress extends to all persons and property within the 
jurisdiction of the United States. The power may be ex¬ 
ercised for any of three purposes — payment of debts, 
common defense, and general welfare — objects as broad 
as the needs of government can possibly be. 

The power of Congress to tax is subject to four important 
limitations, two of which restrict the objects to 
be taxed, while two apply to the method of levy¬ 
ing taxes. These are as follows: — 

(1) No tax or duty may be levied on articles Export 
exported from any State.^ 

( 2 ) Congress may not lay a tax upon the agencies or 
instrumentalities through which the State gov- goygnj. 
emments perform their functions. Thus Congress mental 
cannot tax State property, or incomes from State 
securities, or the salary of a State judicial officer, or the 
property or revenues of municipalities.® 

( 3 ) Direct taxes must be apportioned among the several 
States in accordance with their population.^ “Thus, if 

» Constitution, Art. i, Sec. 8. * Ibid., Art. l, Sec. 9, Par. 6. 

» Collector r. Day, 11 Wall. 118; U. S. e. Railroad Co., 17 Wall. 822; Pollock p. Farmeri’ 
Loan and Trust Co., 157 U. S. 429. 

* Constitution, Art. i, Sec. 9, Par. 4. 


346 


GOVERNMENT AND POLITICS 


Direct taxes 


Congress proposes to lay a direct tax, it must first fix the 
whole amount of money to be raised in this man¬ 
ner; and this amount it must divide among all the 
States in sums proportioned to the number of inhabitants 
in each. That is to say, the same process must be gone 
through with which is adopted in ascertaining the number 
of Representatives to which each State is entitled.” ^ 

(4) Finally, all duties, imposts, and excises must be uni¬ 
form throughout the United States; ^ that is, the rate fixed 
Rule of upon any article must be the same in all the States. 

unUormity “ Jt is not necessary that all articles should be sub¬ 
jected to the same burden, or that all upon which the tax 
is laid should bear the same rate. But when a rate has been 
determined for any one subject, that must be retained for 
the same species in all the States.” ^ 

421. Import Duties as a Source of Revenue. Prior to 
the Civil War, the federal government derived nearly all 
of its income from import duties; while at the 
present time a little more than half of the net 
revenue is derived from this source. Import duties ® may 
be defined as taxes imposed upon articles brought into the 
United States from foreign countries. Since the States are 
forbidden to levy imposts, this form of tax is reserved ex¬ 
clusively to the federal government. 

Import duties are of two kinds, specific and ad valorem. 
Specific duties are those which are laid according to weight 
Specific and number, without reference to the value of the 
ad valorem article; while ad valorem duties are those levied 
in proportion to value. On some articles both 
forms of duty are levied.® 


Definition 


* Pomeroy, J. N., Constitviional Law, sec. 279. * Constitution, Art 1, Sec. 8, Par. 1. 

* Pomeroy, J. N., Constitutional Law, sec. 280. 

* In 1860, for example, customs receipts amounted to $53,178,512, while the total net 
revenues were only $60,056,755. 

® Customs duties include both import and export duties; but taxes upon exports have been 
abandoned by all leading countries, and are prohibited by the federal constitution. 

* The great advantage of the specific duty is the ease with which it is administered, since 
it merely involves weighing or counting. The ad valorem duty is fairer in that the duty is 
proportioned to the value of the article and decreases it the value falls; on the other hand, 
the ad valorem duty demands more administrative machinery and often leads to fraud¬ 
ulent invoices. 


EXPENDITURE AND REVENUE 


347 


The administration of customs duties is in charge of the 
Secretary of the Treasury, one of the assistant secretaries 
having immediate charge of the customs depart- ^ 
ment. The entire country is divided into about 
one hundred and fifty districts for the collection of cus¬ 
toms. In each district there is a collector, who is aided by 
a surveyor, appraiser, and a staff of clerks, examiners, in¬ 
spectors, and store-keepers.^ 

422. Import Duties as a Form of Tax. The advantages of 
import duties as a form of tax are, that they are exceedingly 
productive, inexpensive to administer, and collected 

with comparative ease (being ordinarily paid by the 
importer and shifted to the consumer in the form of a higher price). 
Considered strictly as a tax, they are open to serious objections: 

(1) They are not proportioned to the wealth of the taxpayers, 
but impose a disproportionate burden upon persons of Digadvant- 
moderate income. To yield a large revenue, import du- ages—ine- 
ties must be laid upon articles of general consumption; 

but for these commodities persons of moderate means 

si>end a greater proportion of their incomes than do the wealthier 

classes.^ 

(2) Customs revenues are inelastic, since duties cannot be 
readily changed to meet the changing needs of govern¬ 
ment. Frequent revision of tariff rates means injury to elasUclty 
business, and for this reason the federal government 

has for years collected duties far in excess of its needs, thus en¬ 
couraging wasteful expenditures. 

(3) Import duties are an uncertain form of tax, likely to yield 
least when the government need is greatest. In time of war, for 
example, foreign trade is usually curtailed, and hence TTTmArtftinty 
the revenues from duties decrease. Again, in time 

of industrial depression the receipts from this source generally de¬ 
crease to a marked extent.^ 

423. General Characteristics of Excise Taxes. Excises 
may be defined as taxes levied upon the consumption, 

* Nine tenths of the entire imports come through six ports of entry — New York, Boston, 
Philadelphia, Baltimore, New Orleans, and San Francisco. 

* The import duty on sugar, confectionery, and molasses, for the year 1909 amounted 
to $56,406,484; since it is not probable that the man with a $10,000 income consumes 
twenty times as much of this product as the man with a $500 income, it is evident that the 
burden of this tax was not proportioned to the ability of the taxpayer. 

» In 1893, for example, the customs revenue amounted to $203,355,017, but in the follow¬ 
ing year it fell to $131,818,531, the decrease being largely due to the prevailing hard times. 


348 


GOVERNMENT AND POLITICS 


manufacture, or sale of commodities within a country.^ 
Like customs duties, excises are commonly borne by the 
consumers, who have to pay higher prices for the articles 
taxed. While somewhat inelastic and uncertain in char¬ 
acter, they form a more stable and readily adjusted source 
of income than customs duties. Like the latter, they are 
based upon no rule of apportionment or equality, but are 
fixed charges laid on commodities without regard to the 
amount of property belonging to those who pay them. 
This unequal burden of taxation is not deemed objection¬ 
able in case of excises, since this form of tax is levied upon 
liquors, tobacco, and other commodities whose consumption 
is ordinarily discouraged on economic and social grounds. 

424. History of Excise Taxation. Excise taxes were first 
imposed in 1791, when a tax was laid upon distilled spirits to ob¬ 
tain money with which to pay the Revolutionary debt.* 
17^1817 ^ther excises were levied in 1794, including taxes on 
carriages,^ on the sales of liquors, on auction sales, on 
the manufacture of snuff, and the refining of sugar. These early 
excises were exceedingly unpopular and were repealed in 1802. 
The War of 1812 led to the imposition of new excises, which were 
declared to be temporary war taxes, and were abolished after 
1817. 

With the outbreak of the Civil War, it became necessary to 
resort to excises upon an unprecedented scale.^ In 1866, the re- 
Exclses ceipts from internal revenue were $309,226,813; and 
ol the the total internal revenue receipts for the four years 

Civil War 2 ggg amounted to $666,072,950. After 

the war, most of the excises were repealed, but the excise duties 
on distilled and fermented liquors and tobacco were retained, and 
have since formed a permanent feature of our internal revenue 
system. 

* The term “excises” also includes licenses to pursue certain trades or callings, and to 
deal in certain commodities. 

* This tax in 1794 caused the insurrection in southwestern Pennsylvania, known as the 
“Whiskey Rebellion.” 

* The constitutionality of the tax upon carriages was upheld by the Supreme Court (1798) 
in the case of Hylton r. United States (3 Dali. 171; Thayer’s Cases, n, 1315). 

* The act of July 1, 1862, imposed duties upon liquors, tobacco, carriages, yachts, and 
many other articles; upon auction sales, railroads, steamboats, banking institutions, and 
insurance companies; upon the salaries of federal officers; upon advertisements, incomes, 
and legacies; and upon many legal and commercial transactions. 


EXPENDITURE AND REVENUE 


349 


At the outbreak of the Spanish-American War (1898), a war 
revenue bill was passed. Nearly all the duties on tobacco and fer¬ 
mented liquor were doubled, and excises were levied gpanish- 
upon many other articles; also upon a large number of American 
commercial transactions involving the use of documents 
(such as bank checks, express and freight receipts, telegraph 
messages, and the like); together with a tax upon inheritances.* 
Under this act the receipts from internal revenue increased from 
$146,688,574 in 1897 to $273,437,162 in 1899. In 1901, the internal 
revenue receipts reached the highest point since 1866, yielding 
$307,180,664. In 1901-02, acts were passed repealing the addi¬ 
tional excises necessitated by the war. 

Since the Civil War, the normal federal revenue has been 
made up of about one half customs duties and one 
half internal revenue duties. At the present time excise 
the receipts from internal revenue amount to about receipts 
$250,000,000 annually. 

425. Administration of Excise Taxes. The administra¬ 
tion of excise taxes is supervised by the commissioner of 
internal revenue, who is one of the bureau chiefs Revenue 
of the Treasury Department. The entire country ‘ii®tricta 

is divided into a large number of districts, in each of which 
is a collector responsible for the enforcement of the revenue 
laws in his district. Special officers are employed to detect 
attempted evasions of the law. 

Excise taxes are collected in two ways: (1) By requir¬ 
ing the producer or seller of such commodities as liquor 
or oleomargarine to pay a license fee for the right collection 
to carry on his occupation, whereupon a certificate ®*ciso8 
is issued, which must be exposed in his place of business. 
(2) In addition to the license fee, each unit of the article 
is taxed by means of revenue stamps which must be pasted 
upon packages in such a way as to be necessarily broken 
when the package is opened. 

426. Characteristics of Income Taxes. Income taxes 

> During the Civil War the federal government had levied a tax on inheritances (1804). 
Under this law the rate was made progressive, from one to six per cent. The law of 1898 
established a minimum rate of three-fourths per cent and a maximum rate of fifteen per 
cent, the rate varying according to the amount of the bequest and the degree of blood re« 
lationship. Under both laws, small estates were exempt. 


350 


GOVERNMENT AND POLITICS 


are those levied in proportion to the income of the tax- 
Deiinition Theoretically, this is one of the most just 

forms of tax, since it conforms more nearly to the 
ideal that taxes should be proportioned to the abihty of 
the taxpayer; and income is conceded to be the best single 
indication of taxpaying ability. Moreover, the income tax 
cannot be easily shifted, but is generally borne by the 
persons on whom it is assessed. It is also an elastic form of 
tax, and can be readily adapted to revenue needs. It has 
proven very successful in other countries; but under our 
form of government it is not practicable for the States, 
since if one commonwealth levies an income tax, its wealthy 
citizens may escape it by acquiring a legal residence in a 
neighboring State. Hence incomes can be successfully taxed 
only under federal law; but, as will appear later, there are 
constitutional grounds which prevent a federal income tax. 

427. History of Federal Taxation of Incomes. On two 

different occasions the federal government has attempted to levy 
income taxes, the first in 1861-1865 as a war measure, the second 
in 1894 as a means of meeting a prospective deficit resulting from 
a lowering of import duties. 

By a series of acts passed in 1861-1865, Congress levied a gen¬ 
eral income tax, the rate fixed in 1862 being three per cent on 
all incomes exceeding $600 and less than $10,000, and 
Soivfl War incomes over $10,000.^ Assessments 

were made on the basis of written declarations by the 
taxpayers, subject to correction by the assessors. The income 
tax was abolished in 1872, having yielded a total revenue of 
$347,000,000 during the ten years it was in force. 

This tax was deemed by Congress an indirect tax, and hence 
the rate was made uniform throughout the United States. This 
An Indirect accordance with the definition given by the 

^ Supreme Court in Hylton v. United States,* according 

to which the only direct taxes within the meaning of 
the constitution are capitation taxes and taxes upon real estate. 
Hence, the income tax, not being a direct tax, was not to be pro- 

* See Section 252. 

* Later acts increased the rate to five per cent on incomes from $600 to $5000, and ten 
per cent on incomes above $5000. 

* 8 Dali. 171; Thayer’s Cases, n, 1315. 


351 


EXPENDITURE AND REVENUE 

portioned among the States according to population, but, like an 
excise or a customs duty, was to be levied at a uniform rate. 

The view taken by Congress was sustained by the Supreme 
Court in the leading case of Springer v. United States,^ consUtu- 
in which the court declared the income tax to be an in- tlonallty 
direct tax in the constitutional sense. It was therefore 
properly levied at a uniform rate, and the constitutionality of the 
law was aflSrmed. 

In 1894, to offset the prospective loss of revenue from the 
lower rates under the Wilson-Gorman Tariff Act, Con¬ 
gress enacted a second income-tax law. This levied i°^ 4 *** 
a tax of two per cent on all incomes, from whatever 
source derived, in excess of $4000 .2 

The constitutionality of this law was attacked in the case of 
Pollock V. Farmers’ Loan and Trust Company.* In an opinion 
rendered by a divided bench, the Supreme Court de- constltu- 
clared the law unconstitutional (1895). The grounds tlonallty 
for this decision were: (1) that a tax upon the income of 
real or personal property is a direct tax within the meaning of the 
constitution, and therefore unconstitutional unless imposed by the 
rule of apportionment; (2) that a tax upon income from State 
and municipal bonds is unconstitutional, this being a tax upon 
the instrumentalities of the State governments. 

This definition of the income tax as a direct tax is in accordance 
with the views of writers on economics; but it directly reverses 
the decision in Springer v. United States (in which the conse- 
Civil War income tax was declared to be an indirect tax quences 
and its constitutionality upheld); and it also contra- ®*‘^®®^®*®“ 
venes the classification of taxes uniformly followed in earlier cases. 
The practical effect of the decision is to make it impossible for 
the federal government to use this form of taxation, since an in¬ 
come tax levied upon the basis of population would be highly 
unjust.^ Only by a constitutional amendment,® or by a reversal 
of the latest decision of the Supreme Court, would a federal in¬ 
come tax become feasible. 

» 102 U. S. 686; Thayer’s Cases, ii, 1321. 

• This high limit of exemption was especially favorable to the South and West; from 
New York, Pennsylvania, and New England there were but five votes in the House in favor 
of the law. 

* 157 U. S. 429; 158 U. S. 601. 

^ This is because the sectional inequalities of population do not correspond with sec¬ 
tional inequalities of wealth. The more populous States are also the more wealthy, but the 
per capita wealth of such commonwealths as New York and Pennsylvania, for example, is 
much greater than that of such States as Texas and Iowa. Hence, an apportioned income 
tax would impose an unequal burden upon the agricultural States of the South and West. 

s Such an amendment is now before the States for approval. 


352 


GOVERNMENT AND POLITICS 


428. Direct Taxes levied by the Federal Government. 

On five occasions Congress has exercised its constitutional 
power to levy direct taxes proportioned among the States 
according to population. The first tax of this kind was 
levied in 1798, three others during the War of 1812, and one 
in 1861. The first four of these were laid upon real estate 
and slaves, the act of 1861 upon real estate alone. Except 
in the greatest emergency, it is unlikely that Congress will 
again levy direct taxes, since under the rule of apportion¬ 
ment the burden of such taxation weighs most heavily 
upon the poorer States. 

429. Anticipatory or Extraordinary Revenues. In ad¬ 
dition to the revenue secured from the somces already 
Borrowing described, the federal government may obtain 
power funds through the use of its credit. The constitu¬ 
tion vests in Congress power “to borrow money on the 
credit of the United States,” ^ thus conferring the borrow¬ 
ing power in the broadest possible terms, so that it may be 
commensurate with the needs of government. 

Governments generally borrow money by issuing bonds, 
bills of credit (such as treasury notes), or other evidences 
Methods of of indebtedness. But Congress is not limited to 
borrowing methods of borrowing which are so clearly and 
directly adapted to the end in view; it may adopt any 
means it deems conducive to the efllcient execution of the 
power, provided only that they are appropriate to the end, 
and legitimate, that is, within the scope of the constitution. 
Thus Congress may charter a federal bank, this having 
been held by the Supreme Court to be a necessary and 
proper means of carrying on the fiscal operations of govern¬ 
ment.^ Moreover, as an incident of the power to borrow 
money and provide a currency. Congress may establish a 
system of national banks, such as exists to-day. Not only 

* Constitution, Art. i, Sec. 8, Par. 2. 

* On the theory that the credit of the government is thereby strengthened and its bor¬ 
rowing powers enlarged. McCulloch v. Maryland, 4 Wheat. 816; Thayer’s Cases, i, 271; 
Osborne et al. v. United States Bank, 9 Wheat. 738. 


EXPENDITURE AND REVENUE 


S53 


may Congress issue bills of credit, such as treasury notes, 
but as an incident of the borrowing power, Congress may 
make such notes a legal tender for all public and private 
debts. 1 

430 . Bond Issues. In negotiating public loans, govern¬ 
ments usually proceed by one of two methods. The first 
is to prepare the bonds or other evidences of in- „ „ 

debtedness, fixing all the conditions (such as the — iirst 
amount, time, and rate of interest), and then offer 
the securities to all buyers at the same price. Frequently 
bonds are sold in this way by popular subscription; that 
is, certain places are designated for the reception of sub¬ 
scriptions, and the bonds are then sold to purchasers at a 
stated price. 

The second and more common method of marketing 
bonds is for the government to advertise that bids for a 
certain amount of bonds are desired. Bankers second 
and capitalists then compete for the privilege of 
taking the bond issue in whole or in part. The bidders 
offer to provide the money at a certain rate of interest, or 
if the rate of interest and the amount of the bonds have 
been determined, offer to buy them at a certain rate, quoted 
as so much per hundred. The most favorable terms offered 
are then accepted, and upon delivering the money to the 
government, the purchasers receive the bonds.^ 

Fiscal considerations will determine the time for which 
the bonds shall run, the amount, and the rate of interest.* 
If intended for popular subscription, the bonds j^jaturity, 
must be in small amounts; otherwise the units and interest 
may be larger. If the rate of interest offered is too 
low, the bonds will not sell except below par. Both prin¬ 
cipal and interest of bonds are payable in gold. 

* Knox V. Lee, 12 Wall. 457; Thayer’s Cases, n, 2237; Juilliard v. Greenman, 110 U. S. 
421; Thayer’s Cases, n, 2255. 

* The first of these methods has the advantage of interesting many individual citizens in 
the loan; the second method secures to the government the advantage of competition among 
those having money to loan. 

» During the Civil War, bonds were issued at five and six per cent interest, the total 
amount being $1,049,000,000. 


S54 


GOVERNMENT AND POLITICS 


431 . Short-Time Loans. Bonds are generally issued for 

loans intended to extend over a considerable number of 
Treasury years; but for short-term loans some variety of 
notes treasury notes is generally issued. Thus during 

the Civil War, the government secured short-term and tem¬ 
porary loans (amounting in all to $ 1 , 098 , 000 , 000 ) through 
the issue of a variety of interest-bearing notes. ^ In addi¬ 
tion to these notes, what was in reality a forced loan was 
secured through the issue of $ 431 , 000,000 of non-interest- 
bearing, legal-tender notes, not redeemable in specie. 

432 . History of the National Debt. The constitution had 
expressly provided that the debts of the Confederation govern- 

ment (amounting to about $54,000,000) should be valid 
as against the new federal government. * Under the in¬ 
fluence of Hamilton, Congress also assumed the war debt incurred 
by the States during the Revolution (amounting to about 
$ 21 , 000 , 000 ); and thus the new government began its career with 
a national debt of about $75,000,000. 

Hamilton considered a public debt a source of strength to 
government, on the theory that the holders of bonds would be 
Policies of necessarily interested in the stability of the new govem- 
Hamllton ment. Hence the Federalists when in power did not 
and Jeller- ajui to rapidly extinguish the debt. But Jefferson en¬ 
tertained a different conception, holding that the pub¬ 
lic debt was something to be paid as quickly as possible; and this 
has since been the prevailing theory. From Jefferson’s adminis¬ 
tration, the debt was steadily reduced until the War of 1812, when 
it increased to nearly $125,000,000. After the war, it again de¬ 
creased, until by 1836 the national debt was practically paid, 
and the government distributed a surplus of about $28,000,000 
to the States. 

The Mexican War involved an increased indebtedness of about 
$49,000,000; but until the Civil War the national debt remained 
a comparatively small one, amounting at the outbreak 
Olvll^wS ° about $60,000,000. By 1862 it had in¬ 

creased to over $500,000,000; and in 1865 it reached a 
total of $2,674,815,856. 

After the war the country entered upon the tremendous task 

* Including treasury notes, certificates of deposit, and compound interest notes. The 
rate of interest varied from five per cent to seven and tbree>tentbs per cent. 

* Constitution, Art. vi. Par. 1. 


EXPENDITURE AND REVENUE 


355 



of paying off the debt, and in twenty-five years, $1,784,031,486 
of the public debt was paid, leaving an indebtedness of 
$890,784,370.1 Xhe falling off in revenues during the 
decade from 1890-1900, together with the expenses of 
the Spanish-American War, has somewhat increased the debt 
which on July 1, 1909, amounted to $1,023,861,530,1 or a per 
capita indebtedness of about eleven dollars. 


1 The debt less cash in the treasury. 































































856 


GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Adams, H. C., The Science of Finance (1905). 

Ashley, R. L., The American Federal State (1903), ch. xxv. 

Beard, C. A., American Government and Politics (1910), ch. xviii. 

- Readings in American Government and Politics (1910), ch. xvin. 

Blackmar, F. W., Economics for High Schools (1907), ch. xxxii. 

Bryce, James A., The American Commonwealth (1907), i, ch. xvii. 

Daniels, W. M., The Elements of Public Finance, pp. 30-38, 167-170, 186- 
191. 

Dewey, D. R., Financial History of the United States (1903), chs. iii, xxi. 
Ely, R. T., and Wicker, Geo. R., Elementary Principles of Economics (1904), 
pp. 327-364. 

Hart, A. B., Actual Government (1903), pp. 394-429. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 

ch. XVII. 

McClain, E., Constitutional Law in the United States (1905), pp. 137-142. 
Plehn, C. C., Introduction to Public Finance (1897). 

Reinsch, P. S., Readings on American Federal Government (1909), ch. viii. 
Woodbum, J. A., The American Republic and its Government (1908), pp. 
287-298. 


QUESTIONS AND EXERCISES 

1. Report upon the financial diflSculties of the government under the 
Articles of Confederation. 

2. Prepare a report upon Hamilton’s financial policy. 

3. Prepare a report upon the systems of taxation employed during the 
Civil War. (Consult Dewey, D. R., Financial History of the United 
States, ch. xiii.) 

4. Are there any limitations on the purposes for which the federal gov¬ 
ernment may levy taxes? 

6 . If both the United States and a State government tax the same pro¬ 
perty, which claim must be first satisfied? 

6 . Has the federal government any exclusive powers of taxation? 

7. May State governments tax corporations created by the Unites States? 

, May States tax the incomes of federal officials? The income derived 

from United States bonds? (Section 446.) 

8 . May the United States government tax legacies? May a State tax 
imported goods? 

9. Discuss the arguments in favor of a federal income tax. 

10. Discuss the proposed income tax amendment to the federal constitu¬ 
tion. (United States Statutes at Large, 61st Congress, 1st Session, 
p. 185; Kaye, P. L., Readings, p. 434.) 

11. May Congress grant to certain individuals the privilege of importing 
goods free, while compelling others to pay duties? May Congress 
provide a lower rate of duties on goods shipped to Boston than on 
similar goods shipped to New York? 

12 . What imports are taxed heavily for the sake of revenue only? Does 
the chief burden fall on articles of luxury or necessity? 

13. Describe the collection of the federal revenue. (Dewey, D. R., Fin~ 
ancial History of the United States, pp. 488-492.) 

14. Describe the process of enacting a tariff bill. (Dewey, D. R., Financial 
History of the United States, pp. 478-483.) 



EXPENDITURE AND REVENUE S57 

15. What were the revenues for the last fiscal year? The expenditures? 
The chief items under each head? 

16. Account for the enormous growth of governmental expenditures. Is 
this increase justifiable? (Reinsch, P. S., Readings, pp. 355-359.) 

17. Expenditures for the army, fortifications, navy, and pensions com¬ 
prise what per cent of the total federal expenditures? Is this excessive? 

18 Describe the process of passing appropriation bills. (Dewey, D. R., Fin¬ 
ancial History, pp. 483-488; Reinsch, P. S., Readings, pp. 301-355.) 

19. Summarize the criticisms upon our system of congressional finance. 
How can these defects be remedied? (Bryce, James, The American 
Commonwealth, i, pp. 174-182; Reinsch, P. S., Readings, pp. 317-320.) 

20 . Discuss the reasons given by President Cleveland for his veto of the 
River and Harbor Bill in 1896. (Reinsch, P. S., Readings, pp. 359-361.) 

21. May Congress distribute surplus revenue among the States? Has this 
ever been done? 

22. Report upon the custody of the public funds. (Kinley, David, The 
Independent Trecwury of the United States; Dewey, D. R., Financial 
History, pp. 492-494.) 

23. Are there any limitations on the borrowing power of the United States? 

24. May Congress lower the rate of interest on government bonds before 
their maturity? 

25. What is meant by the statement that bonds are quoted at 106? At 
98? Examine your daily papers for the current priee of United States 
bonds. How do you aecount for difference in these prices? 

26. What is a sinking-fund? What is meant by funding the debt? 


CHAPTER XXX 


COINAGE AND CURRENCY 


433. Origin and Functions of Money. Money may be 
defined as that which serves as a medium of exchange 
throughout the community, being accepted in final dis¬ 
charge of debts and in full payment for commodities, with¬ 
out reference to the credit of the person who offers it. ^ 

The earliest exchanges were effected by barter, but the 
serious disadvantages of this method led to the adoption 
of a generally desired commodity as a common medium of 
exchange. Cattle, furs, tobacco, and other commodities 
have served in primitive societies as a medium of exchange; 
but these crude forms of money were gradually supplanted 
by the precious metals, gold and silver.^ 

Money owes its origin to the action of individuals, but 
governments gradually asserted their control over money 
Govern- three ways: (1) by selecting the commodity 

ments and which had previously served as a medium of ex- 
change between individuals, and making it the 
means of payment for government fines and taxes; (2) by 
establishing systems of public coinage and prohibiting coin¬ 
age by private individuals; (3) by making the government 
coins a legal tender in discharge of all debts. 

Money serves three important functions: ( 1 ) as a medium 
of exchange, obviating the difficulties of barter; 
( 2 ) as a measure of values, that is, a common de¬ 
nominator in which the exchange values of other commod- 


Fnnotlons 


* Definition adapted from Walker, F. A., Money in its Relations to Trade and Industry, 

p. 4. 

* The characteristics of a good money material, possessed in largest degree by the pre¬ 
cious metals, are: (1) commodity value, arising from general desirability, (2) high specific 
value, (3) portability, (4) durability, (5) divisibility, (6) convertibility, (7) uniformity of 
value, (8) cognizability, (9) homogeneity. 


COINAGE AND CURRENCY 


359 


ities are reckoned; (3) as a standard of deferred payments, 
that is, the measure of debts whose payment is postponed 
to a future time. 

434. Monetary System of the United States. Power to 
regulate the monetary system of the United States is vested 
exclusively in Congress, the States being forbid- pinanciai 
den to create either a metallic or a paper currency, powers of 
The federal constitution confers upon Congress 

the power “to coin money and regulate the value thereof 
and of foreign coin”; ^ and by express provision the States 
are forbidden to coin money, emit bills of credit, or make 
anything but gold or silver coin a legal tender in payment 
of debts .2 Under the interpretation of the Supreme Court, 
Congress is thus vested expressly with the power to create 
metal money and regulate its value; vested impliedly with 
power to create paper money and regulate its value; and 
vested impliedly with power to make anything it wishes 
legal tender in payment of any debt.® 

Currency — a term which includes all money authorized 
by the government — is of two kinds, metallic and paper. 
The metallic currency of the United States now Kinds of 
consists of gold coins, silver dollars, and subsid- 
iary coins; the paper currency of gold certificates, silver 
certificates, United States notes, national-bank notes, and 
treasury notes (Act of 1890). Thus, in all, eight kinds of 
money or currency a^e authorized, three of which — gold 
coins, silver dollars, and United States notes — are full 
legal tender; while the subsidiary coins are legal tender 
only in limited amounts.** 

435. Volume of Money. The entire volume of money 
in the United States on July 1, 1909, is shown by the table 
on next page. 

1 Constitution, Art. i, Sec. 8, Par. 5. 

* lUd., Art. I, Sec. 10, Par. 1. 

* Juilliard v. Greenman, 110 U. S. 421; Thayer’s Cases, n, 2255. 

* Subsidiary coins include the half-dollar, quarter, and dime, which are legal tender to 
the amount of ten dollars; and the so-called minor coins, the nickel and cent, which are legal 
tender to the amount of twenty-five cents. 


360 GOVERNMENT 

AND POLITICS 

Kind 0/ Money 

In Treatury 

In Circulation 

Total 

Gold coin 

227,698,852 

599,337,698 

827,036,550 

Silver dollars 

14,356,495 

71,987,900 

86,344,395 

Subsidiary coins 

27,076,748 

132,331,798 

159,408,546 

Gold certificates 


815,005,449 

815,005,449 

Silver certificates 


477,717,324 

477,717,324 

United States notes 

6,562,749 

340,118,267 

346,681,016 

Nat’l bank notes 

24,381,268 

665,538,806 

689,920,074 

Treasury notes. 

Act of 1890 

11,585 

4,203,415 

4,215,000 

Grand total 

300,087,697 

3,106,240,657 

3,406,328,354 


436. History of Metallic Currency to 1873. During the 
Revolutionary period, the colonies relied for their metallic cur- 
Revolutlon- chiefly upon English, French, and Spanish coins; 

ary and Con- and various units of account were employed in differ- 
lederatlon ent sections of the country. Under the Articles of 
periods Confederation, the currency remained in a chaotic con¬ 
dition, for the States retained the right to coin money. ^ 

The federal constitution gave the national government entire 
control of the currency, and in 1792 Congress passed the first 
coinage act. This law provided for the free coinage of 
silver at the ratio of 15 to 1, a proportion which 
approximated the bullion values of the metals. The 
monetary unit was the gold dollar consisting of 24^ grains of pure 
gold, and the silver dollar containing fifteen times that amount, 
or 371^ grains of pure silver. Eagles, half and quarter eagles, 
and silver dollars were to be coined, and were made full legal 
tender. 

The mint ratio of 15 to 1 thus established between gold and sil¬ 
ver soon proved to be an undervaluation of gold in the world’s 
market; in other words, within a few years a pound of 
8 worth, as bullion, more than fifteen pounds of 

silver. Hence little gold was brought to the mint, and 
during the period from 1804 to 1834, only about nine million dol¬ 
lars of gold was coined. Gold disappeared from circulation owing 
to a monetary principle known as Gresham’s Law — that “bad 
money tends to drive out good, but good money cannot drive 
out bad.” In other words, if both metals are legal tender, people 
will pay their debts with the cheaper money, the dearer money 
being hoarded or exported. 

As a result of this discrepancy between the mint and the mar- 


1 Although Congress had the right to regulate the value of coins struck either by its 
authority or that of the respective States. 





COINAGE AND CURRENCY 


361 


ket ratios of gold and silver, a new coinage act was passed in 1834, 
which reduced the weight of the gold dollar from 24.75 
to 23.22 grains. Since the weight of the silver dollar re- 
mained the same (371.25 grains), this established a 
ratio of approximately 16 to 1. This mint ratio in turn soon proved 
to be an undervaluation of silver as compared with the market 
ratio; ^ that is, sixteen ounces of silver became worth more in the 
market than one ounce of gold. In accordance with Gresham’s 
Law, silver coins then disappeared from circulation, and after 1840 
silver dollars were rarely seen. 

After 1861 specie payments were suspended; large suspension 
quantities of paper money were issued, and gold and ol specie 
silver disappeared from circulation, or circulated only 
at a heavy premium. 

437. History of Metallic Currency, 1873-1900. In 1873 
an act was passed which discontinued the coinage of the silver 
dollar of 371^ grains, and established as the sole unit 

of value the gold dollar containing 23.22 grains of pure So™S\ver 
gold. Silver was thus demonetized (that is, no longer 
received by the government to be coined into money); and the 
country was placed upon a monometallic (one-metal) basis, with 
free coinage of gold only. This action in combination with other 
causes ^ led to a rapid decline in the value of silver as compared 
with that of gold. 

This demonetization of silver attracted little attention in 1873; 
but as silver began to decline rapidly in price, those who were in¬ 
terested in its sale as a commodity, together with many 
who believed the circulating medium unduly restricted ® 
if limited to one metal, united in a demand for the 
renewed free coinage of silver. The more radical friends of silver 
referred to the demonetization act as “the crime of ’73”; and the 
period from 1873 to 1900 — described by one writer as the “battle 
of the standards” — was one of eonstant agitation, discussion, 
and legislation with reference to the money question. 

438. The Coinage Act of 1878. The demand for the renewed 
coinage of silver was in part recognized by the Bland-Allison Act 
of 1878. As originally passed by the House, this act pro- 

vided for the free and unlimited coinage of silver at the 
ratio of 16 to 1; but as amended by the Senate, the vol¬ 
ume of silver coinage was restricted. The act provided that the 

* The discovery of gold in California in 1848, and the subsequent large production of 
gold in California and Australia, lowered the value of that metal as compared to silver. 

» Especially the demonetization of silver by Germany in 1871, the limitation placed upon 
silver coinage by the Latin Union in 1873, and the discovery of large silver-mines in Nevada. 


362 


GOVERNMENT AND POLITICS 


Secretary of the Treasury should purchase silver bullion at the 
market price, to the amount of not less than $2,000,000 nor more 
than $4,000,000 per month; and the bullion thus purchased was 
to be coined into dollars which were to be full legal tender. 

439 . The Sherman Act and its Results. In 1890, the 
Provisions Bland-Allison Act was repealed and the Sherman Act 
passed, directing the Secretary of the Treasury to pur¬ 
chase 4,500,000 ounces of silver each month, paying for it with legal- 
tender treasury notes. These treasury notes were to be redeemed 
in either gold or silver coin at the discretion of the Secretary; but 
since the act declared it to be the policy of the United States to 
maintain the two metals on a parity with each other, this was 
interpreted by the Treasury Department as a virtual promise 
that the notes should be redeemed in gold, or its exact equivalent. 

The resumption of specie payments January 1 , 1879, had been 
accomplished by the accumulation in the treasury of a gold reserve 
of $133,000,000 in excess of all liabilities. This sum, al- 
S^noSs though slightly less than forty per cent of the outstand¬ 
ing United States notes, proved more than sufficient 
for redemption purposes. In the fourteen years from 1879 to 1892, 
only an insignificant amount of gold was paid out by the Treasury 
Department for redemption, owing to the fact that government 
credit and business conditions were such that few notes were pre- 
sented.i No definite sum was required by law to be set aside as a 
gold reserve, but tradition and custom had fixed $100,000,000 as 
the sum necessary to guarantee the redemption of the notes. The 
Sherman Act of 1890 increased the volume of outstanding legal- 
tender notes by over $50,000,000 annually, without providing an 
additional gold reserve for redemption purposes. The Treasury 
Department was unable to increase the reserve from funds on 
hand, as government revenues were falling off, owing to the busi¬ 
ness depression which finally culminated in the panic of 1893.^ 

In June, 1893, the British government closed the mints of 
India to the coinage of silver, and the price of silver bullion de¬ 
clined rapidly. In the same year the gold reserve of the 
gold reserve Treasury Department began to decline, since legal- 
tender notes were being presented in large amounts, 
owing to the doubt entertained by many people as to the ability 
of government to redeem them in gold. Thus in 1893, $102,100,000 
of legal-tender notes were presented for redemption, as compared 

* The largest amount of notes redeemed in any one year prior to 1893 was in 1892, when 
notes to the amount of $9,126,000 were presented. 

* In 1890, the excess of revenue over expenditures was $105,344,000, in 1892, $9,914,000, 
in 1893, $2,342,000, while in 1894 there was a deficit amounting to $69,803,000. 


COINAGE AND CURRENCY 


S63 


with $9,126,000 in the preceding year. The value of the bullion in 
the silver dollar in 1893 was only sixty cents, and had the Treasury 
Department redeemed legal tenders in silver, the probable result 
would have been immediate depreciation of the notes. 

Under these conditions President Cleveland summoned Con¬ 
gress in special session (August, 1893); and a statute was passed 
repealing that part of the Sherman Act which provided 
for the monthly purchase of silver, thus putting an end of sllver- 
to further issues of treasury notes. But much of the Piurohaslng 
mischief had already been done, and during the years 
1893-1896 the gold reserve was almost constantly below $100,000,- 
000. As the revenue from customs duties and excises had declined 
sharply, the Treasury found itself compelled to sell bonds in order 
to obtain gold with which to redeem notes. In all, $260,000,000 
of bonds were sold for gold, which in turn was quickly paid out in 
redemption of notes. But gradually the panic began to subside; 
business conditions improved, government revenues increased, and 
shortly after the presidential campaign of 1896, gold once more 
flowed freely into the treasury, and the crisis was passed. 

440. Arguments for Bimetallism. The burning issue 
in the presidential campaigns of 1896 and 1900 was that 
of free coinage of silver at the old ratio of 16 to 1. The 
principal arguments urged by those who favored bimetal¬ 
lism^ were: — 

(1) The double standard gives a more stable money 
unit than the single standard, because a larger stock of 
metal is thereby made available for money. Prices stable unit 
will fluctuate less, for if one metal rises in value 

owing to a decreased production, the other metal will take 
its place, thus preventing a fall in prices. 

(2) There has been a general fall of prices in all gold- 
standard countries since 1873, and this has injured debt¬ 
ors by increasing the burden of their debts. In 

other words, a debt — such as a mortgage — con- 
tracted in money of relatively low purchasing 
power must be repaid in dollars whose purchasing power 
has greatly increased. 

» Three conditions are essential to bimetallism: (1) two metals; (2) free (unlimited) 
coinage of both at a ratio fixed by law; and (3) both metals full legal tender in payment of 
debts. 


4 


364 


GOVERNMENT AND POLITICS 


(3) The world’s stock of gold is not sufficient for the 
stookoi money demand of the world, and hence gold 
gold inaui- monometallism means a continuous fall of prices, 
licient ^ constantly increasing burden upon the 

debtor class.^ 

441. Arguments for Monometallism. To these argu¬ 
ments in favor of the free coinage of silver the monometal¬ 
lists replied: — 

(1) National bimetallism is impossible, the so-called 
double standard being merely an alternating standard. 
Alternating Unless the legal ratio between gold and silver 
standard exactly coincides with the market ratio, that is, 
unless the mint valuation of each metal be the same as the 
market value of the bullion, the cheaper metal will be used 
as money in accordance with Gresham’s Law. This was the 
experience of the United States after the acts of 1792 and 
1834, and has been the experience of all other countries 
under bimetallism.^ 

(2) The proposed legal ratio of 16 to 1 greatly over¬ 
values silver as compared with the market ratio of 30 to 1.® 
Overvaiua- Hence free coinage of silver at 16 to 1 would mean 
auon oi not bimetallism in fact, but silver monometallism. 

Being worth more as bullion, gold would not be 
used as money, but would be hoarded or exported in ac¬ 
cordance with Gresham’s Law. Further, debts contracted 
on a gold basis would be paid in silver money of greatly 
decreased purchasing power. 


* “By the lowering of prices of agricultural produce since 1891, the debtor farmer found 
an ever-increasing difficulty in the payment of interest charges, and the foreclosure of city 
and farm mortgages throughout the West seemed evidence of general distress. Sober- 
minded representatives arraigned existing conditions: chains of slavery laid upon labor; 
privileged classes more strongly intrenched; silver stricken down as a co-laborer with 
gold.” — Dewey, D. R., Financial History of the United States, p. 460. 

* It is now generally admitted that free coinage of silver by the United States alone 
would be undesirable and impracticable, inasmuch as the other great nations of the world 
are on a gold basis. Many writers have advocated international bimetallism — a plan to 
secure bimetallism by international agreement, the leading nations agreeing upon the free 
coinage of both metals at a fixed ratio, and both to be full legal tender. Several monetary 
conferences have been held by representatives of the principal countries, but nothing as 
yet has been accomplished in this direction. Political reasons will probably prevent th« 
adoption of such a plan, at least for many years. 

* This was the ratio in 1896. 


COINAGE AND CURRENCY 


365 


(3) The fall of prices is due not to scarcity of money 
material, but to improved methods of production. The 
increased production secures practically the same 

money return as before, through the sale of a dBciineia 
larger number of commodities at a lower price vxioM 
and hence debtors whose business is affected by improved 
methods of production are not unduly burdened. In any 
event, changes in the purchasing power of money are part 
of the risk incurred by persons who enter into long-time 
contracts, such changes benefiting creditors if prices fall, 
debtors if they rise. 

(4) The production of gold is increasing rapidly, ’ 

having nearly doubled from 1890 to 1897, and is production 
entirely suflBcient to meet the demands of the , 

world’s trade. ^ 

442 . Currency Act of 1900 . The elections of 1896 and 
1900 resulted in the defeat of the party declaring in favor 
of the free coinage of silver at the ratio of 16 to 1, cwef pro- 
and the Currency Act of March 14,1900, formally 
committed the United States to the policy of gold mono¬ 
metallism which had in fact prevailed since 1873. The 
important provisions of this act are: — 

( 1 ) The gold dollar is declared to be the standard unit 
of value, and all forms of money issued by the govern¬ 
ment are to be maintained on a parity with it. 

( 2 ) The treasury notes of 1890 are to be retired as rapidly 
as possible, being replaced by silver coins or silver certi¬ 
ficates. 

(3) Greenbacks when paid into the treasury are not to 
be reissued except for gold; and a special gold reserve of 
$150,000,000 is to be maintained for their redemption. 
If necessary to maintain the gold reserve, short-time gold 
bonds bearing not over three per cent interest may be 
issued and sold to make up the deficiency in the reserve. 

* In 1890, 5,749,306 ounces of gold were produced valued at $118,848,700; in 1897, 
11,420,068 ounces valued at $236,073,700; in 1908,21,378,481 ounces valued at $441,932,200. 
— Statutical Abstract, 1909, p. 761. 


366 


GOVERNMENT AND POLITICS 


(4) New regulations are introduced with reference to the 
various forms of paper money, such as that gold certi¬ 
ficates shall not be issued in smaller amounts than twenty 
dollars each, while silver certificates are to be issued only 
in denominations of ten dollars or less. 

443 . Paper Currency. Paper currency is of two kinds, 
bank notes and government paper money. The discussion 
of bank currency involves a brief study of the institutions 
by which such currency has been issued — the two United 
States banks, the State banks, and the existing national 
banks. Government paper money will be discussed under 
two heads, treasury notes and legal-tender notes. 

444 . First United States Bank. Hamilton’s financial 
measures included the organization of a bank modeled on 
Advantages Bank of England, in which the federal govern- 
oi a lederai ment should be interested as a partner. The chief 

advantages claimed for such an institution were 
that it would afford a market for government bonds, and 
aid the Treasury by making loans; that it would afford a 
safe depository for government funds; and that its note 
issues would furnish the country with a uniform and stable 
paper currency. The bank project was vigorously opposed 
on constitutional as well as economic grounds by Jefferson, 
Madison, and Randolph, but the act granting the charter 
became law in 1791.^ 

The bank was prosperous and successful, paying eight 
per cent dividends from the start; and the assistance which 
it rendered to the Treasury was fully as great as had been 
anticipated. However, when its charter expired in 1811, 
the bill for renewal was defeated in Congress by a close 
vote, the partisans of the State banks being aided in their 
opposition by those who believed a federal bank unconsti¬ 
tutional. 

‘ The charter provided for a capital stock of ten millions, of which one fifth was to b« 
subscribed by the government (the government subscription being loaned by the bank). 
Of the remainder of the capital, one fourth was to be payable in specie, and three fourths 
in government bonds bearing six per cent interest. The bank could issue notes to an amount 
which should not exceed the deposits by over ten millions, and these notes were receivable 
in payment of all debts due the United States. 


COINAGE AND CURRENCY 


367 


445* Second United States Bank. The close of the War 
of 1812 found the currency in confusion. The State banks 
outside of Massachusetts had suspended specie Reason for 
payments, and had issued bank notes in excessive estabiisii- 
amounts. A second United States Bank was pro- 
posed as a means of supplying financial resources to an 
embarrassed Treasury, and restoring the national currency 
to a specie basis. Accordingly in 1816 Congress chartered 
a second United States Bank for a period of twenty years, 
following substantially the plan of the first bank. ^ 

The central bank was located at Philadelphia, and in 
time twenty-five branches were established. The affairs 
of the bank were grossly mismanaged during the first two 
years of its existence; and although sound business prin¬ 
ciples prevailed later, the success of the first United States 
Bank was only in part duplicated. The institution aroused 
the hostility of the State banks, and eventually incurred 
the enmity of President Jackson, whose famous war on the 
bank (1832-1836) prevented the renewal of its charter. 

446 . Constitutionality of a Federal Bank. The question 
of constitutionality was settled by the Supreme Court in 
the celebrated case of McCulloch v, Maryland mcOuiiocIi 
(1819).^ The Maryland branch of the bank refused 
to pay the tax upon its circulating notes imposed by the 
Maryland legislature, whereupon the State commenced 
suit against the cashier, McCulloch, to recover the amount 
of the tax. The opinion of the court, written by Chief- 
Justice Marshall, is one of the ablest and most celebrated 
expositions of the fundamental powers of the federal 
government. The two points decided in this case are: 


1 The capital stock was to be $35,000,000, of which government subscribed $7,000,000. 
Of the remainder, $7,000,000 was to be paid in specie, and $21,000,000 subscribed in govern¬ 
ment stocks. The bank was authorized to issue convertible notes to the amount of its capi¬ 
tal, these notes being accepted in payment of government dues. Government funds were 
to be deposited with the bank unless the Secretary of the Treasury should otherwise direct 
(in which case he was to lay before Congress the reasons for his action). In return for its 
privileges, the bank was to pay the government $1,500,000 in three equal installments. Five 
of the directors were appointed by the government, and Congress was empowered to au¬ 
thorize an inspection of the bank’s condition at any time. 

* 4 Wheat. 316; Thayer’s Cases, i, 271; n, 1340. 


868 


GOVERNMENT AND POLITICS 


( 1 ) Under the constitution, Congress has the power to 
charter a United States Bank, this being a necessary and 
proper instrument for carrying on the fiscal operations 
of government. ( 2 ) A State cannot tax such a bank or its 
branches, since the bank is an instrument employed by 
the federal government in the execution of its powers, and 
such an agency is exempt from State taxation.^ 

447 . State Banks. Much of the opposition to the first and 
second United States Banks came from the banks chartered by 
the various States. Three such institutions existed 
when the new government was established; in 1815 
there were 208; and during the period from 1829-1837, 
the number increased from 329 to 788, while the volume of note 
issues and loans more than trebled. The character of the State 
banks varied greatly, depending upon the conditions imposed 
by the State granting the charter, and upon the surplus capital 
available in the particular community. Some were “mere batches 
of paper money” without property or resources; 2 others, especially 
in New York and New England, were carefully regulated and 
prudently managed. 

The chief defects of the State banks were the excessive issues 
of notes, and the making of loans on inadequate security. Note 
issues were sometimes based upon the bank’s assets 
notes (which frequently amounted to nothing at all); ® or were 

protected by a general safety fund; or were based upon 
the faith and credit of the State granting the charter. The notes 
generally circulated at a discount ranging from ten to fifty per 
cent, and were of such uncertain value that this form of money 
became known as “wildcat currency.” ^ 

* "If the States may tax one instrument, employed by the government in the execution 
of its powers, they may tax any and every other instrument. They may tax the mail; they 
may tax the mint; they may tax patent rights; they may tax the papers of the customs house; 
they may tax judicial process; they may tax all the means employed by the government, 
to an excess which would defeat all the ends of government. This was not intended by 
the people. They did not design to make their government dependent on the States.”— 
4 Wheaton, 316; Thayer’s Cases, ii, 1344, 

* In the case of many State banks, the nominal capital consisted largely of promissory 
notes, given by stockholders in payment of their shares. In 1814 the Pennsylvania legis¬ 
lature chartered forty-one banks with an aggregate capital of seventeen millions, only one 
fifth of which was required to be paid in; and fifteen of those chartered were insolvent 
within four years. 

* Upon the failure of the Farmers’ Exchange Bank of Gloucester in 1809, the outstanding 
notes of the bank amounted to $580,000, the specie on hand to $86.48. 

* In January, 1862, the outstanding notes of the State banks amounted to $184,000,000, 
and this amount was expressed in about 7000 varieties of notes issued by 1496 different 
banks (not counting 5500 varieties of fraudulent notes). 


COINAGE AND CURRENCY 


869 


In 1865, to strengthen the newly established national banking 
system, Congress laid a tax of ten per cent on the state bank 
issue of notes by State banks, thereby taxing these notes elim- 
notes out of existence. Many State banks still exist, 
performing the banking functions of deposit and discount; but 
they cannot afford to issue notes because of the federal tax. 

448 . The National Banks. During the Civil War, the 
imperious necessity of finding a market for United States 
bonds, together with the recognized evils of the EstabUsk- 
State bank currency, led to the establishment of 
a system of national banks (February, 1863). In 1864 the 
law was largely recast, and (with later minor changes), the 
national banking system as it exists to-day was created. 

Besides the usual banking functions of deposit and dis¬ 
count, national banks perform three important public func¬ 
tions: (1) that of affording a market for United Public 
States bonds, ( 2 ) providing a paper currency of 
uniform and stable value, and (3) serving as depositories 
for public money. 

(1) Organizers of a national bank (not less than five in num¬ 
ber) are required to invest at least one fourth of the capital of 
the bank in United States bonds, which are then de¬ 
posited with the comptroller of the currency at Wash- 

ington. The minimum capital depends upon the size 

of the city, and ranges from $25,000 in places of less than 3000 

inhabitants to $200,000 in cities of over 50.000.^ 

(2) The second public function of national banks is that of 
issuing notes. Every bank is entitled to receive from the comp¬ 
troller national-bank notes equal in amount to the par issues 
value of the bonds deposited. By depositing additional 

bonds, banks may increase their note issues as business conditions 
require (not, however, in excess of their capital stock). The notes 
issued are not legal tender, but they circulate throughout the 
country at par because their ultimate j^redemption is guaranteed 
by the deposit of United States bonds. 

* That the national banks furnished valuable aid during the Civil War in creating a 
market for United States bonds is shown by the fact that in 1866 there were 1644 banks, 
owning bonds to the amount of $331,000,000, with a note circulation of $280,000,000. On 
September 1, 1909, there were 6977 national banks whose bonds for circulation amounted 
to $668,700,000 with a note circulation of $658,000,000. —Statistical Abstract, 1909, p. 60^ 


370 


GOVERNMENT AND POLITICS 


(3) The third public function is that of serving as depositories 
for government funds. When government funds are 
depositories deposited, the banks are required to furnish satis¬ 

factory security by the deposit of United States or 
other bonds with the Treasury Department. 

449 . The Independent Treasury System. During the 
existence of the first and second United States Banks, 
Early putiio these institutions had served as public depositor- 
depositories jgg. interval between the two banks (1811- 

1816), the government used the State banks as depositories, 
as it did in 1834 when the Secretary of the Treasury with¬ 
drew the government deposits from the United States Bank. 

In 1840, it was proposed that the government should care 
for its funds through the establishment of an independent 
Independent treasury. Accordingly, in that year an act was 
treasury passed establishing the independent treasury 
system which has existed since that date (except for the 
period 1841-1845).^ At the present time, the public funds 
not deposited with the national banks are kept in the 
treasury at Washington, and in nine sub-treasuries.^ 

The drawback of the independent treasury system is 
that it involves the withdrawal of large sums of money 
Advantages from circulation, thereby causing spasmodic fluc- 
and defects tuitions in prices and derangement of the money 
market. On the other hand, the advantages of exclusive 
government custody are: safety, complete control of funds, 
and the prevention of favoritism in the designation of 
public depositories. 

, 450 . Government Paper Money. Bank notes constitute 
Issues great class of paper currency; the other is 

government paper money. The first issue of this 
form of money under the constitution was during 
the War of 1812, when treasury notes to the amount of 

* The act of 1840 establishing the independent treasury system was repealed in 1841; 
but in 1846 the system was reestablished. 

* Located at Baltimore, Boston, Chicago, Cincinnati, New Orleans, New York, Phil¬ 
adelphia, St. Louis, and San Francisco. Each sub-treasury is in charge of an assistant 
treasurer of the United States. 


COINAGE AND CURRENCY 


371 


$36,680,794 were issued (1812-1815).^ These notes were 
not legal tender, but were receivable for taxes and public 
dues. The greater part was in denominations of not less 
than twenty dollars, bearing interest at five and two-thirds 
per cent. These notes remained at par in specie until the 
banks suspended specie payments (1814). 

The panic of 1837 led to a second issue of treasury notes, 
the total issues from 1837 to 1843 amounting to 
$47,002,900. A third issue of such notes occurred 
during the Mexican War (1846-1848). 

During the Civil War, a large variety of interest-bear¬ 
ing notes was issued, including one and two-year notes, 

compound interest notes, and certificates of de- 

, . , Snort-tlma 

posit, amounting in all to $1,098,000,000. These loans of 

issues, like the earlier ones, were not legal tender, 

and were really certificates of indebtedness issued to secure 

short-time voluntary loans. 

451 . Legal-Tender United States Notes. On Febru¬ 
ary 25,1862, an act was passed authorizing the issue of a dif¬ 
ferent sort of currency — namely, $150,000,000 issues 
of legal-tender United States notes, in denomina- during oivii 
tions of not less than five dollars. The notes au¬ 
thorized were to be a legal tender for all public and private 
debts, except duties on imports and interest on United 
States bonds and securities.^ Inasmuch as the notes were 
not redeemable in specie, they virtually constituted a forced 
loan to the government. Shortly afterwards, a second act 
was passed (July 11 , 1862), authorizing the issue of another 
$150,000,000. By acts of January 17, 1863, and March 3, 
1863, a third issue of $150,000,000 was authorized. Thus 
the legal-tender acts authorized a total of $450,000,000 in 
notes, of which amount $431,000,000 was actually out¬ 
standing on June 30, 1864. 


* Precedent for this kind of money was established during the Revolution, when the 
Continental Congress authorized a total of forty issues of Continental Currency, amounting 
in all to $241,552,780. 

* Interest on securities was made payable in coin in order to sustain the government credit; 
and duties on imports were payable in coin in order that the government might have specie 
with which to pay the interest. 


372 


GOVERNMENT AND POLITICS 


The issue of these non-interest-bearing legal-tender notes 

constitutes a landmark in our financial history, for it was 

Controversy attempt under the constitution to create 

over legal- fiat money — that is, paper currency not based 
tendernotes . in* j. * * * 4. 

upon com or bullion, containing no promise to 

pay coin, and therefore not convertible. The opponents of 
the measure urged the unconstitutionality of such action, 
and the economic disasters which would surely follow. 
On the other hand, the issue of legal tenders was declared 
necessary and justifiable by reason of public exigency —the 
necessity of meeting immediate government obligations, 
and of providing money for the purchase of bonds. 

The greenbacks fluctuated greatly in value, falling to 
thirty-nine cents on the dollar in July, 1864. The chief 
Deprecia- results of the depreciation were the rise of prices 
of commodities, and the fluctuating premiums on 
gold. Prices more than doubled from 1860 to 1865, while 
money wages only increased about forty-three per cent. 
Hence the heavy burden of inflation rested upon the labor¬ 
ers of the country, since wages and salaries did not rise in 
proportion to prices. ^ 

After the war the volume of greenbacks was gradually 
decreased, but yielding to popular opposition. Congress in 
1878 ordered that there should be no further con¬ 
traction of the greenbacks, and that when paid into 
the treasury these notes should be reissued. Since this 
legislation has not been repealed, the amount of legal- 
tender notes then outstanding, $346,681,016, is still current. 

452 . Resumption of Specie Payments. Not until Janu¬ 
ary 14, 1875, did Congress enact legislation looking toward 
a resumption of specie payments. On that date an 
act was passed, providing for resumption on Janu¬ 
ary 1 , 1879. The Secretary of the Treasury was authorized 
to use the surplus specie in the treasury for this purpose. 


Oontraotlon 


ReBuniptloii 


* The increased cost of the war to the government owing to the issue of paper money has 
been estimated at from $500,000,000 to $600,000,000; but this amount is small in compari¬ 
son with the burden placed upon the people by inSated prices. 


COINAGE AND CURRENCY 


373 


and if necessary to obtain additional gold through the sale 
of bonds. On becoming Secretary of the Treasury in 1877, 
Sherman commenced the accumulation of a gold reserve; 
and on January 1, 1879, he had accumulated $133,000,000 
in coin ($95,500,000 through the sale of bonds). Slowly 
but gradually the value of the greenbacks rose toward 
parity with gold; and on December 17, 1878, they were 
quoted at par. 

453 . Constitutionality of Legal-Tender Notes. Prior to 

the decision of the Supreme Court in the Legal-Tender Cases, 
most commentators upon the constitution agreed that Argument 
under the terms of that instrument Congress had no against con- 
power to make paper money a legal tender. It was 
urged that the clause which conferred upon Congress the power 
“to coin money, regulate the value thereof, and of foreign coin,” 
contains an implication that nothing but that which is the subject 
of coinage, i. e., the precious metals, can ever be declared money 
by law. A further argument against this power was deduced from 
the action of the Constitutional Convention in striking out the 
clause granting Congress power “to emit bills on the credit of 
the United States.” 

The question of the constitutionality of the legal-tender acts 
was first passed upon by the Supreme Court in 1869 in the case 
of Hepburn v. Griswold.^ The point raised in this case pjrst 4 ®. 
was whether the United States notes were a legal clslon ol Su- 
tender in payment of debts contracted before the pass- 
age of the legal-tender act. The court held that the law was un¬ 
constitutional so far as it applied to debts contracted before its 
passage, basing its decision on the ground that the legal-tender 
clause was not a necessary and appropriate means of exercising 
any of the legislative powers conferred by the constitution. The 
majority opinion was delivered by Chief-Justice Chase, who had 
been Secretary of the Treasury when the notes were issued. The 
court was divided, five of the eight judges believing the law to be 
unconstitutional so far as it affected prior debts. 

Shortly after this decision, there was a change in the personnel 
of the court through the addition of two new members, 
owing to the resignation of one justice, and to the pass- decision 
ing of a statute enlarging the court from eight to nine 
members. In 1871 the legal-tender acts were again brought before 

1 8 Wall. 603; Thayer’s Cases, u, 2222. 


S74 


GOVERNMENT AND POLITICS 


the court in the cases of Knox v. Lee, and Parker ». Davis.* Two 
questions were now presented: first, whether the legal-tender acts 
were constitutional when applied to contracts made before their 
passage; second, whether they were valid as to debts contracted 
since their enactment. By a divided bench (five to four), the law 
was declared constitutional as to either prior or subsequent debts, 
the decision in Hepburn v, Griswold being overruled. The court 
based its decision upon the necessity for the government to employ 
the means essential to self-preservation, and declared the legal- 
tender feature of the notes to be a necessary and appropriate 
means for carrying into effect the great powers of borrowing 
money, raising armies, and levying war. 

The right of Congress to issue legal-tender notes in time of war 
was now settled; but the act of 1878 had directed the reissue of 
such notes when returned to the treasury, thus raising 
decision larger question of the right to issue these notes in 

time of peace. In the case of Juilliard v. Greenman * 
(1884), the Supreme Court declared that Congress possessed this 
right as an incident to the borrowing power, and as a power gen¬ 
erally appertaining to sovereign governments, and not prohibited 
by the constitution. 

GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxvi. 

Blackmar, F. W., Economics for High Schools (1907), chs. xxvni-xxix. 
Bullock, C. J., The Monetary History of the United States (1900), pp. 79- 
121 . 

Dewey, D. R., Financial History of the United States (1903). 

Dunbar, C. F., Theory and History of Banking (1893), ch. ix. 

Hart, A. B., Actual Government (1903), pp. 496-499. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
ch. XIX. 

Jevons, W. Stanley, Money and the Mechanism of Exchange. 

McClain, E., Constitutional Law in the United States (1905), ch. xiii. 
Walker, F. A., Money in its Relations to Trade and Iridustry (1899). 
Watson, D. K., History of American Coinage (1899). 

White, H., Money and Banking (1896). 


QUESTIONS AND EXERCISES 

1. What were Hamilton’s arguments in favor of the establishment of the 
first United States Bank? 

2. Prepare a report on Jackson’s war on the second United States Bank. 

3. Weigh a five-dollar gold-piece on a druggist’s scales; weigh five silver 
dollars. What is the ratio of these weights? 

* 12 Wall. 457; Thayer’s Cases, ii, 2237. * 110 U. S. 421; Thayer’s Cases, n, 2255. 


COINAGE AND CURRENCY 


875 


4 . What is the market or bullion value of an ounce of gold? Of an ounce 
of silver? What is the market ratio between the two metals? How 
does this compare with the ratio found above? 

5. What is the value of the silver in a silver dollar? What makes this 
coin worth one dollar in gold? What is the value of the gold in a five- 
dollar gold-piece? 

6 . How many grains of silver in a half-dollar? Do two silver half-dollars 
contain as much silver as one silver dollar? Why are they worth as 
much? 

7. Exarnine the last Statistical Abstract, and prepare a table similar to 
that in Section 435, showing the amount of money in the United States. 

8 . From this table calculate the per capita circulation of money in the 
United States. 

9. In what denominations are the different coins and paper money issued 
by the government? 

10 . Bring to class each of the various forms of currency for careful exam¬ 
ination. 

11. What proportion of the total value of money in the United States is 
in the treasury? 

12 . Explain how the Secretary of the Treasury may use his discretionary 
powers so as to influence the money market. 

13. What percentage of our entire circulation is either gold or gold certi¬ 
ficates? 

14. How does the amount of gold in circulation compare with the amount 
of silver (or silver certificates)? 

15. What relation exists between prices and the amount of money in cir¬ 
culation? How is the amount of currency increased as needed? 

16. WTiere is gold produced in large quantities? Where are the largest 
silver-mines? What was the total production of each metal last year? 

17. State Gresham’s Law and describe its operation. 

18. What sections of the country and what classes of the population have 
generally favored cheap money? Why is this? 

19. Prepare a report upon the free-silver issue in the campaign of 1896. 

20. Prepare a report upon the three issues of United States notes during 
the Civil War. 

21 . What is the essential difference between United States notes or “green¬ 
backs,” and other forms of paper money? 

22. Explain the causes of the fluctuations in value of United States notes 
during the period 1862-1879. 

23. What do you understand by the resumption of specie payments? 

24. Prepare a brief report upon the Legal-Tender decisions. 

25. May the United States make its notes legal tender to individuals but 
not to the government? 

26. From your examination of a United States note, answer the following: 
(a) In what year did Congress authorize its issue? (b) Is it a legal 

1 tender? (c) Penalty for counterfeiting it? (d) What did the words 
“will pay the bearer five dollars” mean when the note was issued? 
(e) What do these words mean now? 

27. Would it have been better if the framers of the constitution had in¬ 
serted a prohibition of the issue of legal-tender paper money? What 
danger is there in permitting Congress to exercise this power? 

28. May Congress give the national banks a monopoly of the banking 
business? 

29. May a State government levy a tax upon a national bank, or its stock? 


376 GOVERNMENT AND POLITICS 

30. Name the national banks in your city. What is the capital of each? 
Why does the public ordinarily have entire confidence in their manage¬ 
ment? 

81. Are national-bank notes legal tender? May Congress make national- 
bank notes legal tender? 

82. Name several State banks in your city. What functions do these 
banks exercise? What function possessed by the national banks do 
they lack? 

33. Prepare a report upon the State banks prior to the Civil War. 

34. What forms of credit are largely employed as a substitute for money? 

35. Prepare a report upon the disadvantages of our independent treasury 
system. (Kaye, P. L., Readings, pp. 464-482.) 


' CHAPTER XXXI 


COMMERCIAL FUNCTIONS 


454 . Commerce under the Confederation. The consti¬ 
tution has been called “the child of pressing commercial 
necessity”; and unquestionably the demoralized 
condition of commerce under the Confederation bytheser- 
was a potent factor in securing its adoption. 

Under the Articles of Confederation, power to regulate com¬ 
merce had been reserved to the several States; and accord¬ 
ingly each commonwealth imposed its own restrictions 
upon goods imported from other States or from foreign 
countries. Hence each commonwealth competed with all 
the others in foreign and interstate trade, and each sought 
by reduced duties or more favorable navigation laws to 
increase its trade at the expense of sister States. 

455 . Commerce under the Constitution. The constitu¬ 
tion vests in Congress the power “to regulate commerce 
with foreign nations and among the several States, 

and with the Indian tribes.” ^ Under this pro- tutionai 
vision, each State retains control of the commerce **'®^^**®“ 
wholly within its boundaries; and only when commerce 
passes beyond State boundaries to another State or foreign 
country does it become subject to federal control.^ 

The term “commerce” as used in the constitution has 
been broadly construed by the Supreme Court. It Definition 
includes traffic, or the purchase and sale of goods, commerce 
and also navigation and intercourse whether by land or 


* Constitution, Art. i. Sec. 8, Par. 3. 

» The authority of Congress over foreign and interstate commerce is subject to two 
constitutional limitations: (1) no tax or duty may be levied on articles exported from any 
State; and (2) no preference may be given, by commercial or revenue regulations, to the 
ports of one State over those of another. 


378 


GOVERNMENT AND POLITICS 


water, together with all the means or agencies by which such 
intercourse is carried on. Transportation of persons, as well 
as freight, is included within the term.^ The control of 
foreign commerce by Congress has been exercised chiefly 
with reference to three subjects — navigation, the tariff, 
and immigration. 

456 . Navigation. Congress regulates navigation be¬ 
tween this country and foreign nations, and between the 
Federal States of the Union. Even navigation upon a 

control stream wholly within the boundaries of a single 

State is subject to federal regulation, provided the stream 
by uniting with other waters forms part of “a continued 
highway over which commerce is or may be carried on with 
other States or foreign countries.” ^ 

In this connection. Congress has established rules of 
navigation, including the law of the road at sea, and the 
Rules oi marine system of lights and signals. Congress 
navigaUon g^jg^ passed laws relating to the government of 
seamen on American ships; defining the liability of ship¬ 
owners; establishing port and quarantine regulations; * re¬ 
quiring the employment of licensed pilots; providing for 
coast surveys, lighthouses, buoys, life-saving stations, and 
for the improvement of rivers and harbors. 

Especially important are the acts relating to the registry 
of ships. Vessels that are registered as American ^ are 
Registry to the protection of this government in 

any part of the world, and have other important 
privileges. Only American vessels can engage in the coast¬ 
ing trade, a term which includes trade with our insular 
possessions. Tonnage duties (taxes upon the carrying capac- 

* The power of Congress is not limited to the condition of commerce as it existed when 
the constitution was formed; but the grant is in terms broad enough to enable federal con¬ 
trol to keep pace with the progress of the country. Hence, as new agencies of commerce 
have been created, such as railroads, pipe-lines, telegraph and telephone systems, the federal 
authority has expanded to include them in its scope. 

* The Daniell Hall, 10 Wall, 557, 563. 

* For example, certain ports are designated as ports of entry for the collection of customs; 
and at these ports all vessels are required to enter and clear. 

* Under the present laws no vessel may be so registered unless built in the United States 
and owned by its citizens. 


COMMERCIAL FUNCTIONS 


379 


ity of the ship estimated in tons) are levied upon both 
American and foreign vessels; but double duties are levied 
upon foreign vessels built in this country. 

In spite of restrictions intended to encourage American 
shipping — some believe that partly owing to these re¬ 
strictions — there has been a marked decline in , 

Decline In 

the proportion of our foreign commerce carried in American 
American vessels. At one time United States ships 
carried more than eight tenths of our foreign commerce; 
to-day they carry less than one tenth. 

As a remedy for this condition, a ship subsidy or bounty 
paid by government to American vessels has been strongly 
urged. Advocates of a subsidy point to the fact ship 
that the American flag has almost disappeared 
from the high seas, and claim that for economic and politi¬ 
cal reasons it is undesirable to have our commerce with other 
countries carried almost exclusively in foreign ships. They 
urge that subsidies are paid by many countries, and that 
they serve as a protective duty to both ship-building and 
ship-owning. Opponents of a subsidy reply that the decline 
in our shipping is due in part to unwise registration laws, 
but more largely to economic causes, especially the change 
from wooden to iron ships. They argue further that the 
carrying trade should be in the hands of the country which 
can carry most cheaply, and that it is improper to stimu¬ 
late the business of ship-building and ship-owning by im¬ 
posing a heavy burden upon other industries. 

457 . River and Harbor Improvements. The improve¬ 
ment of waterways is one of the most important means of 
aiding navigation, and for this purpose the federal 
government spends annually many millions. Since ment oi 
18£2 about $450,000,000 has been thus appropri- 
ated, the expenditures being authorized by “river and 
harbor” bills, usually passed biennially. The great de¬ 
fect of river and harbor legislation is that many unimport¬ 
ant improvements are undertaken in order to appease 


380 


GOVERNMENT AND POLITICS 


local interests and thus gain the necessary support of mem¬ 
bers — an evil so great that the river and harbor bill has 
been facetiously dubbed the “pork barrel.” 

Extensive harbor improvements have been carried out, 
such as the construction of breakwaters and piers at 
Harbor im- Chicago, Cleveland, Buffalo, and Milwaukee; and 
provements sums are expended annually for the deepening 
of harbors, principally by dredging. Expensive works have 
been constructed on the Mississippi and Missouri rivers 
to secure deep water by confining the channel between 
walls, and a jetty system has been created at the mouth 
of the Mississippi and other Gulf ports. Levees or arti¬ 
ficial dikes have also been constructed on a large scale, 
especially along the Mississippi.^ All river and harbor 
improvements undertaken by the federal government are 
carried on under the direction of the Secretary of War, 
aided by engineers of the United States Army. 

The Panama Canal at the southern extremity of North 
America is the greatest project yet undertaken by the 
Panama United States for the promotion of commerce. 
Canal canal is to be about fifty miles in length, 

from deep water in the Caribbean Sea to deep water in the 
Pacific Ocean. It is estimated that this great work will 
require eight or ten years for its completion. 

458 . Tariff Duties. A system of tariff duties constitutes 
one of the principal means by which the United States, 
Revenue in common with many other countries, seeks to 
tariff regulate commerce. Tariff duties include both im¬ 
port and export duties, but the latter are forbidden under 
our constitution, and are no longer levied by any import¬ 
ant country. Import duties are sometimes levied solely 
to secure revenue for the government, in which case only 
commodities that do not compete with domestic products 
are taxed. This system of duties is called a revenue tariff, 

^ * The federal government baa spent $130,000,000 on the Mississippi and its tributaries 
since the Civil War. 



PANAMA CANAL, PEDRO MIGUEL LOCK, LOOKING SOUTH, JUNE 30, 1910 



















































THE PEDRO MIGUEL LOCK 


The photograph shows the traveling cranes used in handling steel 
and other raw materials, and in mixing, transporting, and placing con¬ 
crete ; the storage trestles on which dump cars deliver sand and stone 
to the cranes; and portions of the concrete walls of the lock. 

Each lock will be a chamber with walls and floor of concrete, and 
water-tight gates at each end. The side walls of the locks will be 45 
to 50 feet wide at the surface of the floor; and 8 feet wide at the top. 
The middle wall will be 60 feet wide, and approximately 81 feet high. 
The chambers will be filled and emptied through lateral culverts in the 
floors, connecting with main culverts, 18 feet in diameter, in the walls, 
the water flowing in and out by gravity. The photograph shows the 
main culvert in the middle wall. 

The lock gates will be steel structures 7 feet thick, 65 feet long, and 
from 47 to 82 feet high. They will weigh from 300 to 600 tons each. In¬ 
termediate gates will be used in the locks, in order to save water and 
time in locking small vessels through, the gates being so fixed as to 
divide the locks into chambers 600 and 400 feet long, respectively. 

No vessel will be permitted to enter or pass through the locks under 
its own power. Electricity will be used to tow all vessels into and 
through the locks, and to operate all gates and valves, power being 
generated by water turbines from the head created by Gatun Lake. 


CANAL STATISTICS 


Length from deep water to deep water. 50 3^^ miles 

Length on land.403/^ miles 

Bottom width of Channel, maximum. 1,000 feet 

Bottom width of Channel, minimum, 9 miles, Culebra Cut 300 feet 

Locks, in pairs. 12 

Three pairs in flight at Gatun, with a combined lift of 85 feet; one pair 
at Pedro Miguel, with a lift of 30>^ feet, and two pairs at Miraflores, 
with a combined lift of 54^^ feet at mean tile 

Locks, usable length. 1,000 feet 

Locks, usable width. 110 feet 

Gatun Lake, area. 164 square miles 

Gatun Lake, Channel depth.85 to 45 feet 

Excavation, estimated total. 174,666,594 cubic yards 

Excavation, amount accomplished April 1, 1910 . . . 103,205,666 cubic yards 

Excavation by the French. 78,146,960 cubic yards 

Excavation by French, useful to present Canal . . . 29,908,000 cubic yards 

Concrete, total estimated for Canal. 5,000,000 cubic yards 

Time of transit through completed Canal.10 to 12 hours 

Time of passage through locks.3 hours 

Relocated Panama Railroad, estimated cost.$7,225,000 

Relocated Panama Railroad, length.46.2 miles 

Canal Zone area.about 448 square miles 

Canal Zone area, owned by United States.about 322 square miles 

Canal force, actually at work.about 39,000 

Canal force, Americans.about 5,500 

Cost of Canal, estimated total.$375,000,000 


Work begun by Americans, May 4, 1904 
Probable date of completion, January 1,1915 


















COMMERCIAL FUNCTIONS 


S81 


and prevails in Great Britain, Holland, Belgium, and a few 
other countries. 

More often import duties are levied so as to restrict 
foreign competition in the interest of home producers, 
being laid upon commodities which compete with protecUve 
domestic products. This system of duties is called 
protective, and prevails in the United States and in many 
other countries. In the United States the tariff question 
has frequently been an issue in political campaigns, and has 
been widely discussed by writers upon economics. 

459 . Tariff History of the United States. Our tariff 
history may be divided into four periods: the first extending from 
1789 to 1816; the second from 1816 to 1842; the third from 1842 
to 1860; and the fourth from 1860 to the present time. 

The first period (1879-1816) was one of revenue tariffs, which in 
some instances afforded incidental protection. The second period 
(1816-1842) is marked by the inauguration of the tariffs 
protective policy, and by bitter political controversy 
upon this question. By the tariff act of 1816 duties were placed 
upon iron and textile manufactures in order to protect the new 
industries which had sprung up during the War of 1812 against 
the competition of Great Britain’s long established industries. 

The development of these manufactures — chiefly in New Eng¬ 
land and Pennsylvania — gradually made this region the stronghold 
of the protective movement. The agricultural States of 
the West were won over to the policy of protection 
through the argument that the growth of manufactur¬ 
ing centers is essential to afford a stable market for the sale of 
agricultural products. The South, on the other hand, bitterly 
opposed protection, on the ground that the tariff increased the 
price of the manufactured articles for which its staple — cotton 
— was exchanged. Southern opposition to the protective principle 
was greatly increased by the so-called “ Tariff of Abominations ’* 
(1828); and in South Carolina this opposition finally culminated 
in the famous Nullification Act of 1832. The following year a 
compromise tariff act was passed, providing for a biennial re¬ 
duction in rates until in 1842 a level of twenty per cent should be 
reached. 

The third period (1842-1860) is marked by the prevalence of 
low rates, especially under the Walker Act of 1846, and the tariff 


382 


GOVERNMENT AND POLITICS 


of 1857, which reduced duties to a lower point than at any time 
since the inauguration of the protective policy in 1816. 

The fourth period (1861-1910), is characterized by high pro¬ 
tective tariffs, a policy inaugurated by the Morrill Act of 1861. 

Throughout the Civil War, the imperative need for re- 
venue, together with the desire to offset the heavy in¬ 
ternal revenue taxes on manufactures, led to repeated 
tariff enactments, each increasing the rate of duties. After the 
war most of the internal revenue taxes were repealed, but the high 
protective duties remained, and became the permanent economic 
policy of the country. 

In the campaign of 1888 the tariff was one of the principal 
issues. The success of the Republicans in the election led to the 
enactment of the McKinley Tariff Act of 1890, a meas- 
ure which extended the protective principle still fur¬ 
ther, increasing rates to a point higher than the war 
tariffs. By one provision of this act, the President was empowered 
to impose duties upon certain commodities, such as sugar, mo¬ 
lasses, tea, coffee, and hides, provided any country exporting these 
commodities placed discriminating duties upon products of the 
United States. ^ 

The victory of the Democratic party in the campaign of 1892 
led to a partial reversal of the protective policy in the Wilson 
Wilson Tariff Act of 1894. The act as originally passed by the 
House made substantial reductions in the rates, and 
placed many raw materials on the free list. As amended 
by the Senate and finally accepted by both houses, rates were 
still reduced, but the measure on the whole was protective. The 
most important provisions of the act were those placing lumber and 
wool on the free list, imposing a duty of forty per cent on raw sugar, 
and providing for an income tax to offset the anticipated reduc¬ 
tion in revenue. 

This measure was replaced in 1897 by the strongly protective 
tariff known as the Dingley Act, enacted by a Republican admin- 
Dlnriev istration. The general purpose of the measure was to 

taria restore the rates of the McKinley Act of 1890, but in 

some cases even higher duties were imposed. The re- 
ciproeity provisions of the McKinley Act were revived in modified 
form. 

In response to a widespread demand for a revision of duties, the 


* Under the authority of this provision, the President concluded reciprocity treaties 
wth a number of countries of Central and South America, also with Germany and France* 
These treaties came to an end after the passage of the Act of 1894. 


COMMERCIAL FUNCTIONS 


383 


Payne-Aldrich Tariff Act was enacted by a Republican Congress 
in 1909. This measure proved a disappointment to payne- 
those who desired substantial reductions in tariff rates, Aldrlcli 
since it continued the policy of high protective duties. 

460. Arguments for Free Trade or a Revenue Tariff. 
The term “free trade** as commonly used does not denote trade 
free from all restrictions, but rather trade which is not 
restricted by any duties except those essential for the iJeetrade”* 
purpose of revenue. In other words “free trade’* is 
ordinarily used in the sense of “tariff for revenue,** as distin¬ 
guished from the system of protective duties. 

The principal arguments urged by those who advocate free 
trade, or a revenue tariff, are as follows: — 

(1) The arguments in favor of division of labor as between in¬ 
dividuals apply with equal force to a territorial division of labor. 
Just as individuals find advantage in following occupa- Territorial 
tions for which they are especially adapted, so different division ol 
countries, because of diversity in climate, soil, and nat- 

ural resources, will profit by devoting their capital and labor to the 
industries for which nature has especially adapted them. Free¬ 
dom of exchange facilitates this territorial division of labor by 
permitting each country to employ its labor and capital in the 
most productive manner; and the products obtained under these 
favorable conditions may then be freely exchanged for goods 
which can be more advantageously produced by other countries. 

(2) A protective system, on the contrary, diverts labor and 
capital from unprotected to protected industries. But 

the fact that the protected industry needs artificial en- stimulates 
couragement proves that it is relatively less productive; less 
hence, such a diversion of labor and capital means 
curtailed production and economic waste, since it 
compels the community to resort to more diflficult and costly con¬ 
ditions of production. 

(3) Moreover, if the protective policy is consistently protection 
followed, tariff rates must be changed to conform to means 
changing industrial conditions. Frequent revision of 

tariff schedules creates unstable conditions of trade 
and commerce, resulting in economic loss. 

(4) Protection is also attacked as having encouraged the forma¬ 

tion of trusts by enabling large combinations of capital protection 
to secure a monopoly of the domestic market. World- favors 
wide competition, on the other hand, would make such 
monopolies difficult, if not impossible. ^ 


384 


GOVERNMENT AND POLITICS 


(5) Freedom of trade between the various States of the Union 

Analogy admitted by protectionists themselves to be an un- 

Irom Inter- mixed good, notwithstanding the States differ greatly 
state trade climate, and rates of wages; and the same argu¬ 

ment applies with equal force to foreign trade, which, it is claimed, 
does not differ in principle from domestic trade. 

(6) Again, protection is criticised on fiscal grounds. Since 

duties are not levied primarily with reference to revenue, the 
Fiscal income derived by the government bears no direct rela- 
objectlonsto tion to financial needs. A large surplus invites waste- 
protection extravagant public expenditures; but the pro¬ 

tective principle and the industrial danger from frequent changes 
in tariff schedules tend to prevent a reduction in duties, even 
when these are clearly excessive. 

(7) Protection is condemned on political grounds, since its 

tendency is to invite lobbying and corruption on the 
objections those interested in the special advantages 

which it gives to certain favored industries. 

461. Arguments for Protection. The chief arguments 
urged in behalf of protection are as follows: — 

(1) Diversification of industry is essential to the highest de¬ 
velopment of a country, and protective duties induce the estab- 
Diversifica- lishment of industries which otherwise would not be 
tlon ol undertaken because of the marked advantages possessed 
Industry |^y foreign producers in long established industries. 
Under the shield of the protective duty the infant industry may 
be established, and the burden to the consumer caused by the 
duty is ultimately more than compensated by the permanent 
creation of a profitable industry. From this point of view, pro¬ 
tection is a temporary policy, necessary only until the new in¬ 
dustries are firmly established, after which they may be able to 
compete with foreign industries without the advantage afforded 
by the tariff. 

(2) The ‘‘home market” argument was advanced by Henry 
Clay in order to reconcile the agricultural class to the “American 

system,” as protection was then called. Clay urged that 
the prosperity of the farmer depends upon a regular 
and constant market for his agricultural produce, and 
that such a market can be best obtained by upbuilding manufac¬ 
turing centers within the country. Moreover, these home markets 
demand perishable goods as well as agricultural staples, and 
hence encourage the diversified farming which serves to preserve 
the fertility of the soil. 


Home 

market 


COMMERCIAL FUNCTIONS 


385 


(3) The wages argument is to-day largely relied on by protection¬ 
ists, who point to the fact that higher wages are paid in our 
protected industries than in similar unprotected indus¬ 
tries in other countries. It is claimed that a withdrawal 

of protective duties would lower the rate of wages and 

the standard of living — in short, that it would pauperize the 

laborers in many industries. 

(4) Political and military reasons make it desirable that a na¬ 
tion should be able to produce its necessities of life, as well as 
its own military armaments. Hence for the sake of political 
industrial self-suflSciency it may be advisable for a and military 
country to employ a part of its labor and capital even 

in the relatively less productive industries whose existence is only 
made possible by protection. 

(5) Some protectionists, especially the German economists, 
urge the importance of protection as a means of pro- National 
moting a strong national feeling. Free trade, it is 
claimed, is cosmopolitan in its tendencies, whereas protection 
promotes a sense of national unity. 

462 , Immigration. As part of its commercial power. 
Congress may regulate immigration or the coming of for¬ 
eigners to this country for the purpose of residence. Until 
1882 immigration to the United States was free from any 
restriction by federal law.* In 1882 Congress passed acts 
designed to exclude the pauper, criminal, and insane classes 
of aliens, as well as Chinese laborers; and a few years later 
(1885), the Alien Contract Labor Law was passed. 

Under these and later acts, the classes of aliens debarred 
include idiots, insane persons, paupers or persons likely to 
become public charges, epileptics and persons suf- classes 
fering from contagious disease, criminals, poly- 
gamists, anarchists, persons whose passage is paid by an¬ 
other (with certain exceptions), laborers under contract 
made previous to emigration to perform labor or service in 
the United States, and Chinese and Japanese laborers. 

Present restrictions on immigration are little more than 
sanitary measures designed to protect this country from the 

* However, the Alien Act, in force from 1798 to 1801, authorized the President to expel 
from the United States any foreigners deemed dangerous to the peace of the nation. 


386 


GOVERNMENT AND POLITICS 


immigration of diseased or criminal classes. The prohibi- 
Grounds lor tion of Chinese, Japanese, and contract laborers 
exclusion jg based upon social and economic considerations 
— to prevent the introduction of a dangerously low stand¬ 
ard of living; and — in case of the Chinese and Japanese 
—of a people incapable of assimilation. 

Immigrants not qualified to enter are returned at the 
expense of the steamship company bringing them, this 
Adminis- liability continuing for a period of one year after 
immi^ation landing. Only about one per cent of the immigrants 
laws reach this country are excluded. The admin¬ 

istration of immigration laws is entrusted to the commis¬ 
sioner-general of immigration of the Department of Com¬ 
merce and Labor. Inspection by United States officials is 
provided for both at the point of departure and at the 
port of entry in this country. 

463. General Characteristics of Immigration. Certain 
general characteristics of our immigration are so important 
as to deserve particular notice. Foremost among these is 
the great increase in the number of immigrants. Except 
during two decades, immigration has steadily increased 
since 1820, until the number of annual arrivals now ap¬ 
proximates one million. 

Even more important than this great increase in numbers 
is the marked change in the character of immigration. 
Change In Formerly the great majority of immigrants came 
character from countries allied to us in race or language — 
from Great Britain, Germany, and the Scandinavian coun¬ 
tries; while a very small proportion came from the peoples 
of southern and eastern Europe allied to us by neither lan¬ 
guage nor race, and hence vastly more difficult of assimila¬ 
tion. Thus in the decades before 1880, about ninety per 
cent of our immigrants came from the United Kingdom, 
Germany, and the Scandinavian countries; and only about 
ten per cent from the countries of southern and eastern 
Europe, chiefly Italy, Russia, and Austria-Hungary. In 


COMMERCIAL FUNCTIONS 


887 


the years since 1880, the immigration from southern Europe 
has rapidly increased, while that from northern Europe 
has relatively declined. At the present time western Eu¬ 
rope sends only about eighteen per cent of the total im¬ 
migration, while southern and eastern Europe send nearly 
seventy-six per cent, most of which comes from Austria- 
Hungary, Italy, and Russia. 

With this change in the sources of our immigration, the 





Immigrants o/westEuropemML 


SOURCES OF OUR IMMIGRATION FOR THE YEARS 1882 AND 1907 









































388 


GOVERNMENT AND POLITICS 


percentage of illiterate immigrants has greatly increased. 
Increase in Among Russian immigrants the percentage of il- 
luiteracy literacy is 28.8 per cent, among the Polish 31.6 per 
cent, the southern Italian 54.5 per cent; while among German 
immigrants it is but 4 per cent, among the English 2 per 
cent, and among Scandinavian immigrants less than 1 per 
cent. The demand for the exclusion of illiterates led Congress 
in 1897 to pass a bill debarring aliens who could not read or 
write English or some other language, but the measure was 
vetoed by President Cleveland. Such a law would exclude 
nearly one third of the immigrants now coming to the 
United States. 

One of the most serious dangers from immigration arises 
from the tendency of immigrants to concentrate in large 
Concentra- cities. About 13.7 per cent of the total population 
tion in cities United States is foreign-born; but in the 

principal cities (161 cities having over 25,000 population) 
26.1 per cent of the population is foreign-born, while in the 
rest of the country only 9.4 per cent is foreign-born. In 
six of the principal cities of the United States, the number 
of foreign-born males of voting age is greater than the num¬ 
ber of native-born. This concentration of immigrants has 
not only greatly increased the work of assimilation and 
education, but it has rendered vastly more diflScult the 
many other problems which municipal governments must 
solve. Other important social effects of immigration relate 
to crime, pauperism, and insanity. Statistics show that 
of the criminal, pauper, and insane classes, the foreign- 
born furnish a much larger relative percentage than is the 
case with our native-born population. 

464 . Control of Interstate Commerce. As already pointed 
out, interstate as well as foreign commerce is subject to the 
control of Congress. By interstate commerce is meant the 
commerce which passes beyond the boundary of one State 
and enters another. Thus the term includes the transport¬ 
ation of goods, persons, or intelligence across State lines. 



UNITED STATES IMMIGRANT STATION 
Ellis Island, New York Harbor. 



REGISTRY FEOOR, ELLIS ISLAND IMMIGRANT STATION 
Showing the spaces in which the immigrants await examination before admission 




















THE CT’STO^I IIOT^SE AT NEW YORK CITY 
One of the newest custom house l)uiUUngs. 



(PTiotofjrnph hi/ U'illiinii /,. lieecher) 

THE CUSTOM HOUSE AT PHILADELPHIA 
An example of the architecture of the older huildinfrs of this sort. 





































COMMERCIAL FUNCTIONS 


389 


While the power of Congress over interstate commerce 
is complete, it is not exclusive as in the case of foreign com¬ 
merce. Interstate commerce may be affected by 
police regulations adopted by the States, such as control not 
quarantine and inspection laws, designed to pre- 
vent the introduction of persons or animals suffering from 
contagious or infectious disease. In order that State regu¬ 
lations affecting interstate commerce may be valid, two 
conditions are essential. First, the subject must be local 
in its nature, and one which can be best regulated by special 
provisions adapted to localities. ^ Second, State regulations 
even upon local subjects are invalid if the subject-matter 
has been covered by federal legislation — since in matters 
of interstate commerce, the police regulations of Congress 
are of paramount authority. 

465. Instruments of Interstate Commerce. One of the 
most important means of promoting interstate commerce is the 
postal system, an exclusive monopoly of the federal 
government. The control of Congress over the postal gyslgjj 
service is based, not upon its power to regulate com¬ 
merce, but upon its constitutional authority “ to establish post 
offices and post roads.” ^ Whether Congress has constitutional 
authority to make a government monopoly of other means of 
transmitting intelligence, such as the telegraph and telephone 
systems, is an open question. Up to the present time these natural 
monopolies have been left in the hands of private companies, sub¬ 
ject to congressional regulation of all interstate business transacted. 

Money has been called the mechanism of exchange, and it is 
unquestionably one of the most important instruments of com¬ 
merce. As we have seen, the federal government has 
entire control of the circulating medium, including the 
right to coin money, to establish a standard of value, and to de¬ 
clare what money shall be legal tender. 

Furthermore, the power of Congress to provide a currency 
and to borrow money has been held to warrant the National 
establishment of our system of national banks. banks 


> If the subject is national in its character, requiring or permitting uniformity of regula¬ 
tion, such as transportation between the States, the power of Congress is exclusive; and 
the absence of congressional legislation is equivalent to the declaration that commerce in 
the matter shall be free. — Bowman v. Chicago and Northwestern Ry. Co., 125 U. S. 507; 
Thayer’s Cases, ii, 2080. 

* ConslititUon, Art. i, Sec, 8, Par. 7. 


390 


GOVERNMENT AND POLITICS 


The constitution vests in Congress power to fix the standard 
of weights and measures,^ recognizing the importance to com¬ 
merce of a uniform system. The adoption by all the 
States of the old English standards of weights and 
measures has partly obviated the need of congres¬ 
sional legislation. Up to the present time Congress has done little 
in the execution of this power, except to make permissive but not 
obligatory the use of the metric system.^ 

The power of Congress “to establish uniform rules on the sub¬ 
ject of bankruptcies throughout the United States,” * affects 
commerce to an important extent. The object of a 
laws ** bankruptcy law is to provide a judicial process whereby 
a person who cannot pay all his debts may divide his 
property proportionately among his creditors, and be discharged 
from further legal obligation.^ 


466 . Railway Transportation. The period following the 
Civil War was marked by a rapid development of the railway 
EvUs In industry. Many new lines were built, and an era 
of excessive competition followed, which proved 
injurious both to the roads and to the commun¬ 
ities which they served. Between two points with a single 
line of railroad, rates were often exorbitant; whereas if 
competing lines connected two cities, the rates were some¬ 
times below cost — the railways compensating themselves 
by heavy charges between points where there was no com¬ 
petition. Not only were there discriminations as between 
localities, but lower rates were often granted to favored 
shippers, thus making possible the creation of monopolies 
in certain industries. The railroads themselves endeavored 
to correct some of the evils resulting from excessive com¬ 
petition by forming combinations or “pools,” — arrange¬ 
ments under which all freight between certain points was 
to be carried at a specific rate, and the proceeds pooled or 
divided among the competing lines in a certain fixed ratio. 

As a result of these conditions, the shippers and the 


* Conttiiuiion., Art. i, Sec. 8, Par. 5. 

* The metric system is in use throughout most of the western world except in the 
United States, and in Great Britain and her possessions. 

* Constitution, Art. i, Sec. 8, Par. 4. 

* See Section 616. 


COMMERCIAL FUNCTIONS 


391 


public generally demanded that the government take steps 
to regulate the railway traflfic. Since the roads were ordin¬ 
arily chartered by the States, relief was first sought from 
the State governments; and many commonwealths estab¬ 
lished railway commissions, some of which were authorized 
to fix maximum rates and to prevent pooling, state control 
State control proved ineffective because of its 
geographical limitations, since State regulations did not 
apply to the transportation which passed beyond State lines. 
By 1885, the railroads were deriving more than two thirds 
of their revenue from the interstate traffic which individual 
commonwealths were powerless to control, and widespread 
public sentiment demanded federal regulation of interstate 
transportation. 

467 . Interstate Commerce Act. Accordingly, in 1887, 
Congress passed the Interstate Commerce Act. As amended 
by subsequent legislation, its chief provisions are as follows: 

(1) Discriminating rates in favor of individuals or local¬ 
ities are prohibited, nor may railroads charge higher rates 
for a short haul than for a longer one over the same route, 
provided the short haul is included within the longer one. 

(2) Pooling or combination for the purpose of dividing 
traffic is declared illegal. (3) Publicity of railroad rates is 
made compulsory by providing that all rates must be pub¬ 
lished and can only be changed after due notice. (4) In 
order to carry out its provisions, the act creates an Inter¬ 
state Commerce Commission of seven members, with power 
to require reports as to the operation of railroads, to hear 
complaints, summon witnesses, make investigations, and, 
under the Hepburn Act of 1906, to fix maximum rates. 
The commission may enjoin railroads from continuing ac¬ 
tions which it deems illegal, and may establish maximum 
rates by which the roads are bound; but its decisions are 
not final, being subject to review by the courts. 

The four great purposes of the act — to prevent dis¬ 
criminations, abolish pooling, secure reasonable rates, and 


892 


GOVERNMENT AND POLITICS 


insure publicity in railroad affairs—have been achieved only 
Results in part. It has proved difficult to prevent secret 
^ rebates whereby certain shippers are favored; and 

it has been necessary from time to time to enlarge the 
commission’s original powers which have proven too limited 
for the purposes the act was designed to secure. Pooling 
has been abolished, but the consolidation of numerous lines 
into a single system has made unnecessary the earlier forms 
of combination. In fact, the act has probably hastened the 
combination which it sought to prevent — a combination 
which economic laws made inevitable. In the matter of 
publicity, the results have been more successful, and the 
investigations of the commission have been of great value 
in throwing light upon the difficult problem of controlling 
railway transportation. 

468 . Anti-Trust Act of 1890 . One of the most important 
regulations of interstate commerce is the federal anti-trust 
Provisions law of 1890. This act declares illegal every con- 
tract, combination in the form of trust or other¬ 
wise, or conspiracy in restraint of interstate or foreign trade. 
Persons guilty of violating the law are subject to punish¬ 
ment by fine or imprisonment or both, at the discretion 
of the circuit court. A supplementary act passed in 1903 
gives the commissioner of corporations power to investigate 
the organization and management of any corporation in 
interstate trade (except those subject to the Interstate 
Commerce Commission); and the information obtained, or 
as much of it as the President directs, is to be made public. 

In interpreting this act, the Supreme Court has held that 
its provisions do not apply to the manufacture within any 
inteipreta- State of goods to be shipped to another State or 
snprem?* foreign country, since the process of manufacturing 
Court not constitute commerce, but is a matter of 

internal police subject to State regulation only.^ On the 
other hand, the consolidation of competing railway lines 

* United Statea r. E. C. Knight Co., 156 U. S. 1; Thayer’s Cases, n, *165. 


COMMERCIAL FUNCTIONS 


393 


through the organization of a corporation to hold and 
control their stock so as to completely pool their interests 
is an arrangement in restraint of interstate trade, and an 
illegal attempt to form a monopoly. 


GENERAL REFERENCES 

Andrews, J. D., American Law (1900), pp. 339-371. 

Beard, C. A., American Government and Politics (1910), ch. xix. 

- Readings in American Government and Politics (1910), ch. xec. 

Black, H. C., Constitutional Law (1897), pp. 186-207, 368-371. 

Blackmar, F. W., Economics (1907), ch. xxxi. 

Bryce, James, The American Commonwealth (1907), ii, ch. cm. 

Dewey, D. R., National Problems (1907), ch. xii. 

Goss, John D., The History of Tariff Administration in the United States 
(1897), Columbia Univ. Studies, i, no. 2. 

Hart, A. B., Actual Government (1903), ch. xxiv. 

Jenks, J. W., The Trust Problem (1901), ch. xi. 

Johnson, E. R., Elements of Transportation (1909), chs. xvi-xviii, xxvii, 
xxxv, XXXIX. 

Latane, J. H., America as a World Power (1907), ch. xvii. 

McClain, E., Constitutional Law (1905), chs. xiv, xv, xvi. 

Pomeroy, J. N., Constitutional Law of the United States (1888), secs. 321- 
412. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. X. 
Smith, R. Mayo, Emigration and Immigration (1890). 

Story, J., Commentaries on the Constitution (5th ed., 1905), secs. 1056-1150. 
Taussig, F. W., The Tariff History of the United States (1905). 

Tucker, J. R., Constitutional Law (1899), ii, pp. 519-563. 

Wright, Carroll D., Outline of Practical Sociology (1899), ch. vn, xxiv. 


QUESTIONS AND EXERCISES 

1. What was the amount of our foreign commerce last year? Did the 
exports exceed the imports? 

2. From which five countries do we buy the most goods? Which five are 
our best customers? 

3. Make a graphical comparison of our total foreign commerce with that 
of Great Britain, Germany, France, and Japan. 

4. State the principal arguments for and against a ship subsidy. 

5. Can Congress regulate navigation wholly within the boundary of a 
State? 

6 . Prepare a report upon the Panama Canal. Give an account of the 
acquisition of the canal zone and of the work accomplished; state how 
the canal will benefit commerce. 

7 . What amount did the federal government appropriate last year for 
river and harbor improvements? What part of this was for your 
State? Do inland cities receive any benefit from these improvements? 

8 . Prepare a report upon the Erie Canal, paying especial attention to its 
effects on our commerce. 



394 GOVERNMENT AND POLITICS 

9. Examine the map of the United States, and suggest canals which would 
aid commerce. 

10. Name the great inland centers of commerce in the United States. 
Explain how the commerce and industry of each has been aided: (a) by 
canals; (b) by rivers; (c) by railroads. 

11 . Has the commerce of your city been aided by any of these means of 
transportation? 

12. May Congress prohibit all exportation of goods from the United States? 

13. What percentage of imports are admitted free? What are the prin¬ 
cipal articles on the free list? What articles furnish most of the tariff 
revenues? On what articles are the highest rates levied? 

14. After the protected industry has become firmly established, is it wiser 
to increase or decrease the rate of duties? Do high protective duties 
encourage the formation of trusts? 

15. Name the articles of commerce which can be readily produced in the 
United States. Those which cannot be easily product here. Of the 
latter, which ones are on the free list? 

.16. Why do business men object to frequent changes in tariff rates? 

17. What is the present attitude of each of the political parties with regard 
to the tariff? 

18. Prepare a report upon the enactment, chief provisions, and political 
results of the Payne-Aldrich Tariff Act. (Kaye, P. L., Readings^ pp. 
441-448.) 

19. What is meant by reciprocity treaties? What are the advantages of 
such treaties? What are subsidies? Bounties? 

20. How many immigrants came to the United States last year? How 
many were excluded? 

21 . What per cent of immigrants came from western Europe? From 
southern and eastern Europe? What was the percentage of illiteracy 
among the different nationalities? 

22 . Give arguments for and against an educational test for immigrants, 
such as the ability to read and write their own language. 

23. May Congress prohibit the immigration of persons of a particular 
nationality? 

24. May a State prevent immigrants from landing at its seaports? May a 
State prohibit the inunigration of foreign-bom persons coming from 
other States? 

25. May Congress regulate commerce carried on wholly within the bound¬ 
aries of a State? 

26. How does our federal system of government complicate the problem 
of railway control? 

27. Prepare a report upon the federal control of interstate commerce. 
(Kaye, P. L., Readings, pp. 483-490; Reinsch, P. S., Readings, pp. 
507-526.) 

28. Name the present members of the Interstate Commerce Commission. 
What is their salary? Term? 

29. Is there a railway commission in your State? How do its powers com¬ 
pare with those of the Interstate Commerce Commission? 

30. Name five great railway systems engaged in interstate commerce. 
How are they controlled by the federal government? 

31. May Congress prohibit the consolidation of steamship companies? Of 
railroads? 

32. May Congress forbid the transportation across State lines of goods 
manufactured by child labor? 


COMMERCIAL FUNCTIONS 395 

33. In what ways has the federal government aided the construction of 
railroads? 

34. Name five great industrial corporations engaged in interstate com¬ 
merce. Has the federal government any means of controlling them? 

35. Prepare a report upon the Sherman Anti-Trust Act of 1890. (Kaye, 
P. L., Readings^ pp. 490-492.) 

36. Discuss the economic aspects of trusts, and the best methods of regu¬ 
lating them in the public interest. (Jenks, J. W., The Trust Problem; 
Kaye, P. L., Readings, pp. 492-497; Reinsch, P. S., Readings, pp. 
485-507.) 

37. Prepare a report upon the important measures passed by the 59th 
Congress affecting commerce. (Reinsch, P. S., Readings, pp. 473-485.) 

38. Should Congress make the telegraph business a government monopoly? 

39. May Congress provide for the granting of trade-marks? 

40. What would be the advantages of the establishment by federal law 
of the metric system of weights and measures? 


CHAPTER XXXII 


INTERNATIONAL RELATIONS 

469 . International Law. International law is the body of 

rules concerning mutual rights and duties which civilized 
Deiinition nations accept as binding in their dealings with 
and one another. These rules are sometimes formally 

adopted in treaties or conventions, but more often 
are usages which by general acceptance have become 
obligations. For this reason international law is lacking in 
precision and certainty. It depends for its enforcement 
chiefly upon the spirit of justice and fair dealing among 
nations, and upon the fact that violation of its rules may 
lead to war. But in the United States, as in Great Britain, 
international law is considered a part of the law of the land. 
Congress being expressly empowered to define and punish 
offences against it. 

International law relates to the mutual rights and duties 
of nations in time of peace as well as war. Thus it includes 
Scope such important subjects as emigration, naturaliz¬ 
ation, extradition, representation through diplo¬ 
matic and consular agents, maritime jurisdiction, protec¬ 
tion of citizens and aliens, treaties and conventions of all 
kinds, and arbitration. Within its scope are also included 
such questions as the rights and duties of neutrals in time of 
war, e. g., recognition of belligerent rights, rules governing 
blockades, sieges, privateering, maritime captures, media¬ 
tion, and intervention. 

470 . Federal Control of International Affairs. Under 
our constitution, control of international affairs is vested 
exclusively in the federal government, the States being 



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THE GOVERNOR’S PALACE AT SAN JUAN, PORTO RICO 



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INTERNATIONAL P.UREAU OF THE A^MERICAN REPUBLICS, AT 

WASHINGTON, I). C. 





















































































INTERNATIONAL RELATIONS 


397 


expressly prohibited from participating in this function.^ 
Thus the constitution gives the President and Senate sole 
power to make treaties; grants Congress authority to regu¬ 
late commerce with foreign nations, to punish offenses 
against international law, to declare war, to raise and sup¬ 
port armies, and maintain navies; and finally, it vests in 
the federal courts jurisdiction over all cases involving for¬ 
eign affairs. 

471. History of American Foreign Policy. Largely owing 
to the fortunate isolation of the United States from the field of 
European politics, foreign affairs have occupied a com¬ 
paratively subordinate place throughout the greater 

part of our history; but on the several occasions when 
American diplomacy has been put to the test, signal successes 
have been won. The history of our foreign relations commences 
with the Revolutionary struggle, in which the important diplo¬ 
matic results were the treaty of alliance^ with France (1778), 
the commercial treaty with Holland whereby that country also 
recognized our independence, and finally the treaty of Paris which 
ended the war (1783). The treaty of peace with Great Britain 
may be considered one of the greatest triumphs of American 
diplomacy; for the American commissioners, boldly disregarding 
instructions from Congress to conclude no treaty without the con¬ 
currence of the French ministry, negotiated directly with the 
British government, and secured terms far more favorable to 
America than were desired by her French and Spanish allies.® 

472. The struggle for Neutral Rights. Throughout the 
years 1792-1815, Europe was in the throes of the Re- cojifugtg 
volutionary and Napoleonic wars; and the constant with Franca 
aim of American foreign policy was to maintain an atti- 

tude of neutrality between the belligerent powers — 

* By express constitutional provision, no State may enter into any treaty, alliance or 
confederation; grant letters of marque or reprisal; or, without the consent of Congress, levy 
any import, export, or tonnage duties; keep troops or ships of war in time of peace; enter 
into any agreement or compact with another State or foreign power; or engage in war 
unless actually invaded or in imminent danger. 

* Our first and only treaty of alliance greatly aided in the ultimate triumph of the Re¬ 
volutionary cause; but its spirit was violated in the peace negotiations with England (1783), 
and during the administrations of Washington and the first Adams, it nearly involved us 
in war with Great Britain. Thus its “early abrogation or repudiation has made of it a red 
beacon of warning against similar conventions in the future.” — Foster, J. W., A Century 
0 / American Diplomacy, 31. 

* France proposed to confine the new nation to the narrow strip of territory between 
the Atlantic Ocean and the Alleghanies, her policy favoring the possession by Spain of the 
Ohio and Mississippi valleys. 


398 


GOVERNMENT AND POLITICS 


a position rendered difficult because of the aggressions of both 
Great Britain and France upon American commerce. The key¬ 
note of this policy was sounded by Washington in his neutrality 
proclamation (April, 1793), announcing the neutral attitude of 
the United States, and warning all American citizens to observe 
its obligations. But French depredations upon American commerce 
at length involved the United States in a quasi-war with that 
country (1798-1800); and intolerable British outrages, including 
the searching of American vessels and impressment of American 
seamen, at last precipitated the War of 1812. Although the 
Treaty of Ghent (1815) contained not a single provision concern¬ 
ing the issues which had occasioned the war, the United States 
had demonstrated that it would not suffer its rights as a neutral 
power to be violated with impunity; and since that struggle 
European nations have been slow to assume an aggressive policy 
toward this country. 

473. Policy of Territorial Expansion. No results of Ameri¬ 
can diplomacy during the first half of the nineteenth century were 

of greater importance than the several territorial acqui- 
annexa^on* sitions which more than doubled the national domain. 

Louisiana and the Floridas were peacefully acquired 
by purchase; but the annexation of Texas resulted in the only 
unjustifiable war in our history, as a result of which Mexico was 
obliged to cede a vast domain to the United States. Eventual 
expansion on the southwest was inevitable; but the verdict of 
history is that the Mexican War was waged chiefly in order to 
acquire territory out of which slave States might be formed. Hence 
by strengthening the institution of slavery, this war indirectly pro¬ 
moted the Rebellion. 1 

474. Foreign Affairs during the Civil War. During the Civil 
War, foreign relations were more critical than at any other period 
QreatBrlt- i^ history. The chief aim of American diplomacy 
aln and was to prevent foreign recognition of the Confederacy 

as an independent nation, and to ward off the constant 
menace of European intervention. Throughout the long struggle 
the governments of Great Britain and France were unfriendly 
to the cause of the Union; and especially in the dark days of 1862 
there seemed imminent prospect of joint intervention by these 
two countries, or at least of their joint recognition of the Confed¬ 
eracy. The British government was indirectly given to under¬ 
stand that such recognition would result in a severance of diplo¬ 
matic relations by the United States, and at length the crisis was 
passed in safety. 

^ Personal Memoirs qf General U. S. Grant, pp, 53-56. 


INTERNATIONAL RELATIONS 


399 


In the first year of the war, the capture of two Confederate 
commissioners on board the British mail steamer Trent en route 
for England seemed likely to result in a conflict with 
Great Britain; but the United States government, 
adhering consistently to its historic policy concerning 
the right of search, disavowed the act of Captain Wilkes, and 
restored the captured commissioners to the British authorities. 

From the beginning of the war, the Confederacy made Great 
Britain a base of military operations against the Union, and their 
bold violation of British neutrality laws received little 
check from the British government, notwithstanding 
the earnest protest of the United States minister. 

Within a year after the construction of the Alabama (1862), this 
ship and other British-built Confederate cruisers had swept 
American commerce from the seas. 

Not until several years after the war was redress secured, but 
finally, as the result of the Geneva Arbitration (1872), Great 
Britain paid the United States $15,500,000 as damages 
for the depredations of these cruisers. The Geneva 
Arbitration not only settled the immediate question at 
issue between the two countries, but it helped to repair the breach 
of friendship resulting from Great Britain’s attitude during the 
war. Not least among its results, this adjustment set the world 
an example of the value of arbitration as a substitute for war in 
the settlement of international disputes. 


475 . The Monroe Doctrine. In his farewell address 
(September, 1796), Washington announced a maxim which 
has since become a fundamental principle of 
American foreign policy — that this country will waswngton 
refrain from intermeddling in the political affairs 
of Europe. President Monroe in his celebrated message 
to Congress of December 2 , 1823, announced the second 
fundamental principle — that the United States will not 
tolerate intervention in American affairs on the part of 
European nations. 

At the time when the Monroe Doctrine was formally 
announced, it seemed probable that the European Monroe 
powers united in the Holy Alliance ^ would en- 
deavor to refetablish the Spanish dominion over the South 

» The Holy Alliance formed in 1815 included the Emperors of Russia and Austria, and the 


400 


GOVERNMENT AND POLITICS 


American countries which had practically achieved their 
independence. In his famous message President Monroe 
laid down two principles of the greatest importance: First, 
“that the American continents, by the free and independ¬ 
ent condition which they have assumed and maintain, 
are henceforth not to be considered as subjects for future 
colonization by any European powers.” Second, with regard 
to the Spanish-American states which had asserted and 
achieved their independence, that “we could not view any 
interposition, for the purpose of oppressing them, or con¬ 
trolling in any other manner their destiny, by any European 
power, in any other light than as the manifestation of an 
unfriendly disposition toward the United States.” 

In its essence the Monroe Doctrine is thus a declaration 
of home rule — America for the Americans. On numerous 
Applications history, its principles have been 

invoked, notable instances being the protest of the 
United States against Spain’s contemplated transfer of 
Cuba to either Great Britain or France (1825), during the 
insurrection in Yucatan (1848), on the occasion of the occu¬ 
pation of Mexico by French troops and the establishment 
of an empire supported by French bayonets (1862-1866),^ 
at the time of De Lesseps’ unsuccessful attempt to construct 
a Panama canal (1880), and finally in the interposition by 
President Cleveland during the controversy between Great 
Britain and Venezuela over the boundary of British Guiana. 

476 . Present Position of the United States. From a 
A world feeble third-rate power at the beginning of the 
power nineteenth century, the United States has expand¬ 
ed its boundaries and developed its resources until to-day it 

King of Prussia, France being soon afterwards admitted. The real object of the Alliance 
was to repress movements looking toward the establishment of constitutional govern¬ 
ment, and to support the despotic powers of the several sovereigns. 

^ During the Civil War the United States was not in a position to resist French aggres¬ 
sions in Mexico; but at its close an army under General Sheridan was sent to the Rio 
Grande frontier, and the French Emperor (Napoleon III) was given to understand that 
his troops must be withdrawn. Shortly after their withdrawal, Mexican troops overthrew 
the imperial government, reestablished the republic, and executed Emperor Maximilian 
(1887). 


INTERNATIONAL RELATIONS 


401 


is recognized as one of the foremost powers of the world. 
The annexation in 1898-1899 of Hawaii and the Philip¬ 
pines gave this country points of vantage in the struggle 
for supremacy in the Pacific; and the completion of the 
Panama Canal will greatly strengthen our position and 
prestige among the nations. 

477 . Arbitration. Disputes often arise between nations 
which cannot be settled through the ordinary diplomatic 
channels; and arbitration has been devised as a substi- 

a pacific means of adjusting such differences and 
of avoiding war, the ultimate and most terrible method of 
redress. Arbitration tribunals may be either temporary 
or permanent, and in either case are usually constituted by 
treaty between two or more countries, each agreeing to refer 
serious matters of dispute to arbitration, and to abide by 
the award. In modern times economic motives as well as 
humanitarian considerations have led to the employment 
of this method to an extent hitherto unknown; thus in the 
nineteenth century there were over one hundred and thirty 
important cases of arbitration. In both the number of 
arbitrations and the importance of the questions involved, 
the United States and Great Britain have led the world, 
the Geneva award of 1872 still forming a landmark in the 
history of arbitrations. 

The year 1899 was marked by the establishment at The 
Hague of a permanent court of arbitration. This tribunal 
is composed of members chosen from a permanent The Hague 
list of arbitrators nominated by the nations con- 
cerned. The first resort to this tribunal was made by the 
United States and Mexico in 1902, and since that time The 
Hague Court has been the means of settling many inter¬ 
national disputes. 

478 . Foreign Intercourse. Intercourse with foreign na¬ 

tions is carried on through two classes of agents diplomatic 
belonging either to the diplomatic or the con- and consular 
sular service. Broadly speaking, diplomatic agents , 


402 


GOVERNMENT AND POLITICS 


have charge of international affairs of a political nature, while 
consular agents are chiefly concerned with those of a busi¬ 
ness or commercial character.^ The oflficial head of both 
diplomatic and consular services is the President; but in 
matters of foreign affairs he ordinarily acts through the 
Secretary of State, who personally directs our foreign policy 
in accordance with the instructions and advice of his chief. 

479 . Diplomatic Representatives. The diplomatic re¬ 
presentatives of the United States are of four grades or 

classes: ambassadors, envoys extraordinary and 
Glasses . . , . . . . , , . 

ministers plenipotentiary, ministers resident, and 

charges (TaJ^aireSy or diplomatic subordinates temporarily 
in charge of the business of the legation. In all, the United 
States has diplomatic representatives in forty-two foreign 
countries. Representatives of highest rank, or ambassadors, 
are sent to ten countries; ^ envoys extraordinary and minis¬ 
ters plenipotentiary represent the United States at thirty 
other countries; while in the remaining two, our represent¬ 
atives have the rank of ministers resident. 

The President appoints diplomatic representatives 
(subject to confirmation by the Senate); and he may remove 
Appoint- them at his discretion. The term of foreign repre- 
quaiiiM- sentatives is not fixed by law, and many changes 
tions occur when a new President assumes office. No 
constitutional or statutory qualifications are prescribed for 
those who serve in this capacity; but appointees are gener¬ 
ally men of considerable training in public service. 

The salary of ambassadors is $17,500; ministers pleni¬ 
potentiary receive from $ 10,000 to $ 12 , 000 ; secretaries of 
Salary legations from $1200 to $3000. These salaries 
are small in comparison with those paid by other 
countries for similar service; and the cost of heading a lega¬ 
tion at the most important capitals is so great that only 

^ But the diplomacy of the present century is largely occupied with the extension of trade, 
80 that the work of the diplomatic service, as well as that of the consular service, is inti¬ 
mately connected with the advancement of commercial and trade interests. 

* Austria-Hungary, Brazil, France, Germany, Great Britain, Italy, Japan, Mexico, 
Russia, Turkey. 


INTERNATIONAL RELATIONS 403 

men of independent means can afford to accept the ap¬ 
pointment. 

The duties of our representatives in foreign countries are 
in general to safeguard and advance American interests in 
every possible way. They are to cultivate friendly 
relations with the power to which they are accred¬ 
ited; in case an American citizen is unlawfully treated, it is 
for them to seek redress; and not infrequently they are called 
upon to negotiate treaties under the personal direction of 
the Secretary of State. ^ 

Our representatives abroad are accredited to the rulers 
of the various powers, and foreign representatives in the 
United States to the President. A government Recognition 
may refuse to recognize in a diplomatic capacity andreoau 
any individual who for special reasons is offensive {persona 
non grata). In such case a new appointment must be made, 
or as a mark of displeasure the post may be left in charge 
of a subordinate.^ So, too, any country may demand the 
recall of a minister who has made himself obnoxious to its 
government; or in exceptional cases, may summarily dis¬ 
miss him.* 

Diplomatic representatives enjoy important privileges 
and immunities, partly owing to the fact that they are the 
direct representatives of sovereign powers, partly p^vneges 
because the important functions which they per- and immun- 
form demand complete independence of action. 

The more important of these immunities are: (1) Ex¬ 
emption of the person of the minister from local jurisdic¬ 
tion, civil and criminal. In other words, he is not liable to 
arrest for any reason whatever, an exemption shared to a 
certain extent by his family and suite. (2) Inviolability of 
his residence, papers, and effects from any search or seizure. 

» For the treaty-making power, see Section 379. 

* In 1885, Italy and Austria successively declined to receive the minister appointed by 
President Cleveland. 

» The most famous instance in our history was the dismissal by President Washington 
of the French agent, Genet. A less noted case was the dismissal of the British minister 
to the United States on account of his indiscreet utterances concerning the presidential 
election of 1888. 


404 


GOVERNMENT AND POLITICS 


( 3 ) Exemption of his personal belongings from taxation. 

(4) Entire freedom of worship for himself and his suite. 
These privileges result from the principle known to law as 
ex-territoriality; that is to say, by a legal fiction, the minis¬ 
ter is supposed to carry with him the jurisdiction of his 
home government over his person and residence, excluding 
to this extent the foreign jurisdiction. 

480 . Consular Officers and Agents. Consular officers, 
the second great class of foreign representatives, are charged 
Glasses and with the special duty of advancing the commer- 
cial interests of the United States. The principal 
consular officers are consuls-general, consuls, and commer¬ 
cial agents. ^ Consuls-general are ordinarily sent to foreign 
capitals. Generally they have supervisory authority over 
the consuls in the country to which they are sent, and they 
often serve as consuls in the city where they reside. The 
salaries of consuls range from $2000 to $8000; those of 
consuls-general from $3000 to $12,000. 

Consular officers, like diplomatic representatives, are 
appointed by the President subject to confirmation by the 
Appoint- Senate.^ Until recent years, any consular officer 
ment and could be removed by the President at will, and ap¬ 
pointments were generally given to those who had 
made themselves useful in political campaigns. This policy 
greatly impaired the efficiency of the service; and finally, 
by an act passed in 1906, the provisions of the Civil Service 
Act of 1883 were made applicable to the consular service. 
Appointments to the higher positions are now made by 
promotion from the lower grades, on the basis of ability 
and efficiency as shown in the service; and new ap¬ 
pointments are made as a result of competitive examina¬ 
tions. 

Although consuls are not entitled to the immunities of 

* There are also vice-consuls-general, deputy consuls-general, vice-consuls, deputy consuls, 
consular agents, consular and office clerks, interpreters, and marshals of consular courts — 
in all over one thousand officials. 

* Except commercial agents who are appointed by the President alone. 


INTERNATIONAL RELATIONS 


405 


Duties 


diplomatic representatives, most countries provide by treaty 

that they shall not be subject to arrest in civil 

. ,1 . o 1 . -I . Immunities 

cases, or to the seizure of their archives. 

The duties of consuls pertain chiefly to commerce and 
trade; for example, they certify invoices of merchandise 
shipped to the United States; advise the home 
government of any infraction of treaty regula¬ 
tions; and report periodically upon economic conditions in 
the country where they reside, paying especial attention 
to possible expansion of United States commerce.^ They 
also aid distressed American seamen who are ill or stranded 
in foreign ports; act as notaries for the authentication of 
various legal documents; certify to marriages, births, and 
deaths among Americans living within their respective 
consular districts; vise and in certain cases issue passports; 
aid in enforcing our immigration laws; and in general “stand 
as protectors and advisers of their countrymen in foreign 
lands.’’ 

Consuls also perform certain judicial functions. They 
investigate and arbitrate differences between masters and 
crews which have occurred on American ships judicial 
on the high seas; and in a number of countries, p®™® 
including Madagascar, China, Siam, and Turkey, our con¬ 
suls have jurisdiction in both civil and criminal cases in¬ 
volving American citizens. 


GENERAL REFERENCES 

Beard, C. A., American Government and Politics (1910), ch. xvi. 

- Readings in American Government and Politics (1910), ch. xvi. 

Baldwin, S. E., Modern Political Institutions (1898), chs. xii, xiii. 

Bryce, James, The American Commonwealth (1907), ii, chs. xciv, cxii. 
Fairlie, John A., The National Administration of the United States (1905), 
pp. 81-91. 

Forman, S. E., Advanced Civics (1905), ch. xxxiv. 

Foster, J. W., A Century of American Diplomacy (1900). 

Hart, A. B., Actual Government (1903), ch. xxiii. 

- National Ideals (1907), ch. xvii. 

* These reports are published monthly by the Department of Commerce and Labor 
Id the series known as the Consular Reports. 




406 


GOVERNMENT AND POLITICS 


Henderson, J. B., American Diplomatic Questions (1901). 

Latane, J. H., America as a World Power (1900), ch. vi. 

McClain, E., Constitutional Law (1905), ch. xxiii. 

Pomeroy, J. N., Constitutional Law (1888), secs. 669-681. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. xn. 


QUESTIONS AND EXERCISES 

1. Prepare a report upon the treaty of alliance with France (1778). 

2 . Discuss the Treaty of Paris (1783). 

3. Discuss the origin, applications, and present status of the Monroe 
Doctrine. (Consult Foster, J. W., A Century of American Diplomacy.) 

4. Prepare a report upon the diplomacy of the Civil War. 

6 . Discuss the French occupation of Mexico. 

6 . Give an account of the Alabama claims. 

7. Report upon the rights and obligations of neutrals in time of war. 

8 . Has the Senate the right to be consulted before beginning treaty ne¬ 
gotiations? 

9. Give an account of the proposed arbitration treaty with Great Britain 
in 1897. Why was it rejected by the Senate? 

10. May the House of Representatives refuse appropriations necessary to 
carry out a treaty? 

11. May a treaty be superseded by a statute? A statute by a treaty? 

12 . May a State be compelled to observe the provisions of a federal treaty? 

13. Give an account of the annexation of Hawaii. 

14. Name several of our most important treaties, and state what questions 
were decided. 

15. Name some of our greatest diplomatic successes. 

16. Name several of the greatest ambassadors who have represented the 
United States abroad. 

17. Name our present ambassadors to France, Germany, Great Britain, 
and Russia. Name the ambassador sent by each of these countries to 
Washington. Are there any foreign consuls in your city? 

18. Describe fully the peace conference at The Hague. \\Tiat influences 
are now at work for international peace? What are the chief obstacles 
in the way of the realization of this ideal? 

19. Describe the efforts to improve our foreign service through the applica¬ 
tion of civil service rules. (Reinsch, P. S., Readings, pp. 651-675.) 


CHAPTER XXXIII 


TERRITORIAL FUNCTIONS 

481 . Territorial Power under the Constitution. For sev¬ 
eral years prior to the adoption of the constitution, the 
Confederation government had been in possession 

of a vast domain west of the Alleghanies to which uonai pro- 
the individual States had surrendered their claims. 

This condition naturally suggested the provisions of the 
federal constitution relating to territories and the admission 
of new States. Accordingly the constitution vests in Con¬ 
gress power “to dispose of and make all needful rules and 
regulations respecting the territory or other property be¬ 
longing to the United States”; and under certain limita¬ 
tions, to admit new States to the Union. ^ 

The constitution itself is silent in regard to the power to 
acquire new territory; but annexations have been 
made repeatedly throughout our history, until acquire 
to-day this right is as firmly established as though 
expressly granted. 

482 . Expansion of the National Area. Since the origin of 
the federal Union in 1789, the United States has expanded 
its boundaries, and its original area of 827,844 square 
miles has been increased to 3,743,344 square miles at the 
present time. The various annexations by which this 
enormous increase has been made are as follows: — 

( 1 ) In 1803 the vast territory known as Louisiana was 
purchased from France for $15,000,000. This Louisiana 
territory included all of the western Mississippi 
valley and the isle of Orleans, an imperial area of nearly a 
million square miles. 

* Constitution, Art. iv, Sec. 3. 


408 


GOVERNMENT AND POLITICS 


Oregon 


Texas 


(2) The second annexation was that of Oregon, the ter¬ 
ritory west oHhe Rocky Mountains between parallels forty- 
two and forty-nine degrees north latitude. Title 
to this region was by discovery and exploration 
based partly upon the voyage of Captain Gray in 1792, 
but chiefly upon the overland expedition of Lewis and Clark 
in 1805. Our title to Oregon was for a time contested by 
Spain, Russia, and Great Britain; and the latter country 
did not relinquish its claim until 1846, when the treaty was 
signed establishing the present northwestern boundary be¬ 
tween the United States and Canada.^ 
norida Florida was purchased from Spain 

for $5,000,000, thereby giving the United States 
a natural boundary on the southeast. 

(4) In 1845 the independent state of Texas 
was admitted to the Union by a joint resolution 
of Congress. 

(5) In 1848, by the treaty which closed the Mexican 
War, the United States acquired the immense 
area south of Oregon and west of Texas, includ¬ 
ing California and what was then called New Mexico.^ 

(6) In 1853 the second Mexican annexation known as 
the Gadsden Purchase added a narrow strip in the 
southern part of Arizona, the consideration paid 

Mexico being $10,000,000. 

(7) In 1867 the vast territory of Alaska, comprising nearly 
600,000 square miles, was purchased from Russia 
for $7,200,000. 

(8) The Hawaiian Islands, over which a protectorship had 
virtually existed since 1851, were annexed by a 
joint resolution of Congress in 1898. 

(9) By the treaty which closed the Spanish- 
American War (December, 1898), Spain ceded to 
this country Porto Rico, Guam, and the Philip- 


First Mexi¬ 
can cession 


Gadsden 

Pnrcliase 


Hawaii 


Porto Rico, 

Guam, 

Philippines 


* Hence 1846 is often given as the date of this annexation. 

* On the map of the United States as it is to-day, this territory includes California, New 
Mexico, Arizona, Nevada, Utah, and portions of Colorado and Wyoming. 


TERRITORIAL FUNCTIONS 409 

pine Islands, receiving as indemnity the sum of $ 20 , 000 ,- 
000.1 

( 10 ) In addition to the foregoing important annexations, 
the United States has acquired title to a number of islands 
of minor importance, including a few guano gamoaa and 
islands off the coast of South America and in the minor 
Gulf of Mexico; also Midway, Baker, and Wake 
islands in the Pacific; and (in 1899) several of the Samoan 
islands, the most important of which is Tutuila. 

( 11 ) For a consideration of $ 10 , 000 , 000 , the Republic of 
Panama in 1904 ceded to the United States per- Panama 
petual control of a strip of land extending across 

the Isthmus of Panama, five miles in width on either side 
of the proposed canal route. 

483 . Early History of Northwest Territory. The history 
of the territories belonging to the United States commences 
with the vast area north and west of the Ohio western 
River, which in the latter part of the eighteenth claims 
century was vaguely described as the Northwest Territory. ^ 
By the Treaty of Paris (1783), Great Britain relinquished 
her title to this region; and the question of ownership was 
disputed by Virginia, New York, Massachusetts, and Con¬ 
necticut, each of which laid claim to the territory either in 
whole or in part. 

These claims were viewed with alarm by such States as 
Maryland, Rhode Island, New Jersey, and Delaware, 
themselves so situated that they could not hope to EstabUsh- 
expand in any direction. Maryland took the lead 
in suggesting that the western lands be formed domain 
into a public domain to be held by Congress for the common 
benefit of the States, and steadfastly refused to ratify the 
Articles of Confederation until assurance was given that 
this course would be adopted. Ultimately Connecticut, 

t Spain also relinquished her title to Cuba, which became an independent republic, al¬ 
though the United States has reserved the right of intervention in case of foreign aggres¬ 
sion or serious domestic disorder. 

* Out of this territory the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin have 
been formed. 


410 


GOVERNMENT AND POLITICS 


Virginia, and Massachusetts, following the example set 
by New York in 1780, ceded to the United States their 
claims to the region west of the Alleghany Mountains.' 

484 . Early Territorial Legislation. By a resolution passed 
in 1780, the Continental Congress had promised that the 
Territorial lands ceded by the claimant States should be “ dis- 
poiioy posed of for the common benefit of the United 
States, and be settled and formed into distinct republican 
States which shall become members of the federal Union.” 
The two principles set forth in this resolution have ever 
since formed the basis of the territorial and public land 
policy of the United States. 

A few years later Congress voted that a committee should 
Ordinance he appointed to draw up a plan for the government 
oi 1784 Qf newly acquired domain in the west; and ac¬ 
cordingly Jefferson as chairman reported the plan which with 
some changes was adopted as the “Ordinance of 1784.” 

485 . Ordinance of 1787 . A second and more famous 
territorial act, known as the Ordinance of 1787, was adopted 
by Congress on July 13, of that year.^ As an organic act 
this ordinance is only second in importance to the federal 
constitution itself, for it established firmly the principles 
which have since formed the basis of our territorial policy. 
This policy has had as its object, first, the establishment 
in the territories of that form of civil government which 
is best adapted to existing needs; and second, the prepara¬ 
tion of the territories for their future position as States 
in the Union. 

The ordinance provided for two stages of territorial government. 
A temporary government was to be first instituted, under which 
Territorial made by the governor and three judges 

govenunent appointed by Congress. As soon as there were five 
thousand free male inhabitants of voting age in the 
territory, this temporary government was to be superseded by a 

* Except the Connecticut Reserve, a strip of land along the southern shores of Lake Erie, 
reserved by Connecticut in aid of education. 

* The Ordinance of 1787 was adopted by the Congress under the Articles of Confederation, 
and later reSnacted with slight changes by the first Congress under the constitution. 


TERRITORIAL FUNCTIONS 


411 


more permanent government, representative in character. A legis¬ 
lature of two houses was then to be created, the upper house 
consisting of a council of five members appointed by Congress; ^ 
while the lower branch was to be chosen for a term of two years 
by the voters of the territory. The legislature thus constituted 
had power to pass any law not repugnant to the principles of the 
ordinance, subject to the governor’s right of absolute veto. 

Representation in Congress was secured by means of a territorial 
delegate, chosen by the two houses of the legislature in Representa- 
joint assembly. This representative was to have a seat tlon in 
in Congress with the right to debate, but not to vote. 

In addition to the provisions regulating the framework of govern¬ 
ment, the ordinance contains six articles in the nature of a bill of 
rights, and these were declared to be an unalterable 
compact (save by mutual consent) between the United 
States and the people within the territory. Among 
these were provisions designed to guarantee to the citizens of the 
territory the rights of individual liberty, such as freedom of re¬ 
ligious worship, the benefit of habeas corpus, trial by jury, and 
judicial process according to the common law; and also the right 
of proportionate representation in the legislature. 

The ordinance further provided that not more than five nor 
fewer than three States should be formed within the territory, 
and promised statehood whenever any district should gt^tohood 
have 60,000 free inhabitants, or at an earlier period if 
found consistent with the general interest. The constitution and 
government of the States thus formed were to be republican in 
character. The new commonwealths when admitted were to be 
“on an equal footing with the original States, in all respects what¬ 
ever”; and were forever to remain a part of the United States. 

Perhaps the most important provision, because most far-reach¬ 
ing in its effect, was the prohibition of slavery throughout the 
territory. The anti-slavery clause was afterwards copied 
verbatim in the organic acts of the northern territories, 
and subsequently embodied in their State constitutions; and 
nearly eighty years later, with but slight alteration, it was adopted 
as the thirteenth amendment to the federal constitution. 

486 . Later Territorial Legislation. Since the enactment 
of the Ordinance of 1787, Congress has passed Number oi 
many acts providing for territorial government, 

* These members were appointed for five years from a list of ten names submitted by 
the lower territorial house. 


412 


GOVERNMENT AND POLITICS 


legislation made necessary by the additions to the national 
area. In all, twenty-nine organized territories have been 
created within the boundaries of the United States, while 
three territorial governments have been provided for the 
insular possessions. ^ 

Nearly all of these have passed through the two stages 
of territorial government provided for in the Ordinance of 
Stages oi 1787. First a provisional government was estab- 
government listed in which the people had practically no voice; 
and this was followed as soon as conditions permitted by 
the establishment of representative government. 

487 . Territories and Possessions on the American Con¬ 
tinent. The territories now belonging to the United States 
ciassi- niay be divided into two groups: first, the con- 
iication tinental territories; and second, the insular terri¬ 
tories or dependencies. 

The continental territories include Alaska and the Pan- 
ConUnentai ama Canal Zone, both in the first stage of terri- 
tenitories torial development. The District of Columbia has 
an unusual form of territorial government, specially devised 
for the seat of the national government. 

488 . The Government of Alaska. Although acquired in 
1867, Alaska is still in the first stage of territorial develop¬ 
ment, having no legislative body. Its oflScers 
include a governor, surveyor-general, district at¬ 
torney, and three judges, appointed by the President. 
Under the code of laws which Congress adopted for Alaska 
in 1900, communities having at least three hundred inhab¬ 
itants may incorporate as towns, thereby receiving certain 
privileges of local self-government. 

489 . The Panama Canal Zone. The Panama Canal Zone, 
aoverning the latest territorial acquisition of the United 

States, is also under a provisional territorial gov¬ 
ernment. The governing body of this district is the Isthmian 


Olllcers 


The States which have never been territories of the United States include, besides the 
original thirteen, Maine, Vermont, Kentucky, West Virginia, Texas, and California. 


TERRITORIAL FUNCTIONS 


413 


Canal Commission of seven members, acting under the 
supervision of the War Department. 

490 . Representative Territorial Government. For many 
years prior to their admission to statehood, New Mexico 
and Arizona had representative territorial govern- Executive 
ments of the type which has been provided for most 
of our continental territories. ^ Under this form of govern¬ 
ment, executive power is vested in a governor appointed 
for four years by the President with the consent of the Sen¬ 
ate. The powers of the territorial governor are quite simi¬ 
lar to those of the governor of a State, but he is directly 
responsible to the President, to whom he reports annually 
on the condition of affairs in the territory. Other adminis¬ 
trative officers are the secretary, treasurer, auditor, and 
superintendent of public instruction. 

The territorial legislature consists of two houses, an up¬ 
per house or council, and a house of representatives. Mem¬ 
bers of both branches are chosen for a term of two Territorial 
years by the qualified voters of the territory. The i« 8 :i 8 iaturo 
organization, procedure, and powers of the legislature are 
carefully regulated by federal statute, and are substantially 
the same as those of the legislatures of the several States. 
However, acts of the territorial legislature, besides being 
subject to the veto power of the governor, are liable to be 
annulled by Congress. 

Judicial power is vested in a supreme and several dis¬ 
trict courts, the judges of which are appointed by The 
the President.^ The territorial legislature has 
power to establish such inferior courts as are found necessary. 

Each territory sends to the House of Representatives a 
delegate, who has the salary and other privileges Territorial 
of a member, except the right to vote. delegate 

Thus the framework of government in the territories 

> New Mexico was organized aa a territory in 1850; Arizona in 1863. 

» Territorial courts are not part of the federal judicial system, but are established by 
Congress under its power to govern territories; and hence the judges of such courts are 
subject to removal by the President at his discretion. 


414 


GOVERNMENT AND POLITICS 


Creation 


approximates closely to that which exists in the States, the 
Comparison essential distinction being the subordinate posi- 
with state tion which the territory occupies in relation to the 
government i ;N^ational control is at all times para¬ 

mount, and is exercised through acts of Congress modifying 
the status of the territory, or, in exceptional cases, directly 
annulling the acts of its legislature. Furthermore, federal 
administrative control is secured through the President’s 
power to appoint and remove the principal territorial 
officers. 

491 . The District of Columbia. Among the powers which 
the constitution confers upon Congress is the right “to 
exercise exclusive legislation in all cases whatso¬ 
ever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the government 
of the United States.” ^ In 1790 the States of Maryland 
and Virginia ceded to the United States a district ten miles 
square lying upon the banks of the Potomac; but the part 
upon the south bank was retroceded to Virginia in 1846, 
reducing the district to its present area of about seventy 
square miles. 

The government of the District differs radically from that 
which prevails in other territories, since the residents are 
Present completely disfranchised. They have no vote in the 
government election of either local or national officials, nor are 
they represented in Congress by a delegate. Congress itself 
acts as the local legislature for the District, setting aside cer¬ 
tain days each month for the consideration of its affairs. 

Administrative powers are vested in a board of three com¬ 
missioners appointed by the President with the consent of 
the Senate. One of the members is an experienced 
officer of the Engineer Corps of the army, detailed 
for an indefinite term; the other two are civilians, 
appointed for a term of three years. This board has large 

‘ The territories of cotirse take no part in the election of a President. 

* Conttitution, Art. i. Sec. 8, Par. 17. 


Board ol 
Commis¬ 
sioners 


TERRITORIAL FUNCTIONS 415 

administrative powers, as well as the power of making local 
ordinances. 

On the whole, this plan of government, non-representa¬ 
tive as it is, has worked admirably. The affairs of success of 
the District have been managed efficiently, and Present plan 
Washington is conceded to be one of the best-governed 
cities in the world. ^ 

492 . Other National Property. Congress has the exclus¬ 
ive right of legislation “over all places purchased by the 
consent of the legislature of the State in which ^mtaryand 
the same shall be, for the erection of forts, maga- administrat- 
zines, arsenals, dockyards, and other needful 
buildings.” ^ Under this provision the federal government 
has acquired many sites for navy-yards, arsenals, military 
posts, lighthouses, post offices, customs houses, and other 
public buildings. Land to be used in this way is obtained 
by cession from the State legislature, and is thereafter 
exempt from State or local taxation.® 

Under its constitutional power to regulate commerce 
with the Indian tribes, the federal government Indian 
also exercises special jurisdiction over numerous 
reservations scattered throughout the West.** 

493 . Insular Territories or Dependencies. The insular 
dependencies of the United States include Hawaii, annexed 
in 1898; Porto Rico, the Philippines, and Guam, insuiai 
acquired in 1899 as a result of the war with Spain;® possessiona 
a few islands of the Samoan group acquired by treaty in 
1900; and three small Pacific islands — Wake, Midway, 

* One half the expenses of the local government are paid out of the federal treasury, 
the other half being assessed upon the taxable property within the District. 

* Corutitution, Art. i, Sec. 8, Par. 17. 

* It is customary for the States to reserve the right to serve criminal and civil writs within 
the districts ceded, so that these may not serve as an asylum for fugitives from justice; 
and Congress by statute has provided that, even without such reservation. State processes 
may be served. 

* The most extensive Indian reservations are in Arizona, South Dakota, and Montana, 
Reservations have always been unpopular in the States where they exist, and the system 
is breaking down in favor of the plan of allotting lands to the Indians in individual owner¬ 
ship. 

‘ These islands were occupied by the United States forces in 1808; the treaty with Spain 
under which they were ceded was ratified April 11,1899. 


416 GOVERNMENT AND POLITICS 


and Baker islands, claimed by right of discovery since 
1898. 

Of these dependencies, Hawaii, Porto Rico, and the 
Philippines possess representative territorial governments. 
Insular with a less degree of local independence than 

govern- has been customary for our continental territories. 

Such minor dependencies as Guam and the Samoan 
islands are under the control of the naval officers in com¬ 
mand of the naval stations; while Midway, Baker, and Wake 
islands require no government, being practically unin¬ 
habited. 


494 . The Territory of Hawaii. Hawaii is governed under an 
act of Congress passed in 1900. This act extends to the territory 
Oovemmeiit provisions of the federal constitution and laws 
not locally inapplicable, and confers citizenship in the 
United States upon citizens of Hawaii. The President appoints 
the governor; and this officer, with the advice and consent of the 
territorial senate, appoints for a four-year term the principal 
administrative officials. 


495 . Government of Porto Rico. Porto Rico was gov¬ 
erned by the War Department from its occupation by General 
Miles in 1898 until the establishment of a civil government by an 
act of Congress passed in 1900. This act is especially interesting, 
since it marks the first attempt of the United States to establish 
a system of government for a dependency which is practically in 
the position of a colony. 

Executive power is vested in a governor and six administrative 
officers, namely, a secretary, attorney-general, treasurer, auditor, 
commissioner of the interior, and commissioner of edu- 
Sfceni^* cation. These officers are appointed by the President 
for a term of four years. ^ Large powers of appoint¬ 
ment and removal of subordinate officials are vested in the gov¬ 
ernor, and he possesses the customary veto upon acts of the 
legislature. 

The legislature consists of two houses. The upper branch or 
Erecutlvo executive council is composed of the six heads of ex- 
councll ecutive departments and five other persons, appointed 
by the President for a four-year term.^ The execu¬ 
tive council differs from all other American legislatures in the 

* In 1904 a seventh administrative department was created, known as the office of Health, 
Charities, and Corrections. 

• At least five of these eleven members must be native inhabitants of the island. ^ 


TERRITORIAL FUNCTIONS 


417 


provision giving seats in this body to the heads of the six executive 
departments. This practice resembles in certain respects the 
English system of cabinet government, and is contrary to the 
American theory of separation of powers whereby the lawmak¬ 
ing department is distinct from, and independent of, the depart¬ 
ment charged with administration. ^ 

The popular branch of the legislature, known as the House of 
Delegates, is composed of members elected by the qual- House ol 
ified voters for a term of two years. Delegates 

The judicial system consists of a supreme court of five justices 
appointed for life by the President; seven district courts, 
each presided over by a judge appointed by the gov- ^ 

ernor for a term of four years; and twenty-four muni¬ 
cipal courts whose judges are elected by the voters for a term of 
two years. 

A complete system of local government has been established 
by the Porto Rican legislature for the municipalities. Local gov- 
the voters electing the mayor and council. enunent 

Representation at Washington is secured through the election 
by the qualified voters of a commissioner, who is chosen Representa- 
for a term of two years. tlon 

496 . Government of the Philippine Islands. The problem 
of establishing a suitable government for the Philippines has 
proven a difficult one, inasmuch as these islands are 
inhabited by races of almost every stage of develop- 
ment from savagery to civilization; and the task has 
been rendered still more difficult by the insurrection waged dur¬ 
ing the early years of the American occupation. The present 
government is in accordance with an organic act passed by Con¬ 
gress in 1902, and consists of a central government over the en¬ 
tire archipelago, with subordinate provincial and municipal govern¬ 
ments. 

Executive powers are vested in a commission of nine members 
including the governor. This commission is appointed 
by the President, subject to confirmation by the Sen- 
ate. 

The legislature consists of two houses. The upper house con¬ 
sists of the Philippine commission; while the lower Legislature 
house or assembly consists of members elected for a 
term of two years by the qualified voters. 

Judicial power is vested in three classes of courts, a supreme 


* Another distinctive feature of the council is that its sessions are not limited to the sixty 
days prescribed for the legislative session proper, but continue throughout the year, thus 
making it a sort of supervisory administrative body. 


418 


GOVERNMENT AND POLITICS 


court whose justices are appointed by the President; a court of 
first instance (general jurisdiction) in each province; 
^ and justices’ courts in the municipalities, the judges of 

the last two courts being appointed by the governor. 

Local government varies according to the stage of civilization 
of the various provinces. Many of these have a gov- 
^ve^ent ernor, elected by the municipal councils of the province; 

and the governor with several appointive officials con¬ 
stitute a provincial board, which exercises administrative powers 
in the province. 

In the municipalities there is a mayor and municipal council, 
the members of which are elected for a term of two 
years by the qualified voters. The city of Manila is 
governed under a special charter creating a plan of 
government modeled on that of the District of Columbia. 

The Philippines are represented in the United States by two 
Representa- commissioners, chosen not by popular vote as in 
the other territories, but by the two houses of the 
legislature voting separately. 

497 . Relation of Territories to the Union. Congress has 
complete and exclusive legislative power over the terri- 
Power oi tories, and may establish either provisional or re- 
Oongress presentative government as appears best adapted 
to local needs. Even after representative institutions have 
been granted, Congress may annul the acts of the terri¬ 
torial legislature — a power exercised in 1887 when several 
acts of the Utah legislature favoring polygamy were de¬ 
clared void. 

Only during the protracted controversy over slavery 
(1820-1860) was the power of Congress to legislate for the 
Died Scott territories called in question. The territorial 
decision theory of the pro-slavery party was finally adopted 
by the Supreme Court of the United States; and the cele¬ 
brated Dred Scott decision (1857) denied the power of Con¬ 
gress to prohibit slavery in the territories. The Civil War, 
together with the thirteenth amendment, rendered this 
decision nugatory, and the complete power of Congress to 
legislate for the territories is now conceded. 

With the annexation of Porto Rico and the Philippines, 


TERRITORIAL FUNCTIONS 


419 


an important question arose as to whether by ratification 
of the treaty with Spain those islands became com- 
pletely incorporated into the United States. If dependen- 
these possessions had become an integral part of 
the United States, then the provisions of the federal consti¬ 
tution would apply to them as well as to territory within the 
boundaries of the United States. Since the constitution 
prescribes that all duties and imposts shall be uniform 
throughout the United States,^ the same tariff rates would 
prevail on goods entering Porto Rico and the Philippines 
as on those imported through the New York customs house. 
Moreover, no tariff whatever could be laid on goods im¬ 
ported from Porto Rico or the Philippines to the United 
States, or vice versa, since such a duty would be in effect 
a tax on exports, and so forbidden.^ 

But this theory as to the relation of the islands to the 
Union did not prevail. In the so-called Insular Cases, the 
Supreme Court distinguished between territory of 
the United States and territory belonging to the court 
United States, holding that the provisions of the 
constitution do not necessarily embrace the latter unless 
so extended by act of Congress. To that body alone is 
entrusted the power to determine when territory is com¬ 
pletely incorporated and hence subject to constitutional 
provisions. Meantime Congress may enact special tariff 
laws for such territory, differing from those for the United 
States in general; and hence the special tariff laws enacted 
for Porto Rico and the Philippines were declared valid.^ 
498 . Admission of New States. Territories are virtually 
inchoate or rudimentary States; and to prepare conditions 
them for statehood as soon as their population admission 
and circumstances warrant has been the prime object of our 


» Constitution, Art. i, Sec. 8, Par. 1. * Constitution, Art. i, Sec. 9, Par. 5. 

• By act of Congress, free trade now exists between the United States and Porto Rico, 
and goods imported from foreign countries into Porto Rico pay the same rates as those 
imported into the United States. In the case of the Philippines a special rate of duties is 
imposed upon goods imported into the Philippines from foreign countries, and upon im¬ 
portations into the United States from the Philippines, and vice versa. 


420 


GOVERNMENT AND POLITICS 


Popnlation 


territorial policy. Under the constitution, Congress is 
vested with power to admit new States into the Union; and 
it is for Congress to determine upon what conditions this 
action will be taken. Thus the new State may be required 
to accept certain boundaries, or to incorporate into its 
constitution certain fundamental provisions respecting 
religious freedom, and the like; and in all cases the govern¬ 
ment provided by its constitution must be republican in 
form. 

A population at least equal to that of an average con¬ 
gressional district has usually been a prerequisite to ad¬ 
mission, but the practice has not been uniform. 
Nevada with a population of 20,000 was admitted 
in order to obtain the vote of that State for the thirteenth 
amendment. On the other hand, Utah with a considerable 
population was long denied statehood because of the insti¬ 
tution of polygamy; and New Mexico and Arizona were 
refused admission for many years on the ground that their 
population, including many persons of Mexican blood, was 
not prepared for self-government. 

Practically the only limitation upon the power of Con¬ 
gress in forming States is that the new commonwealth 
must not include territory lying within the bound¬ 
aries of a State already admitted, without the 
consent of the legislature of the State concerned. 
By express constitutional provision, territory cannot be 
taken from or added to any State without the consent of the 
States concerned, as well as of Congress. ^ 

In admitting new States to the Union, two different 
Methods o! ^^l^^^ds have been followed. Frequently Con- 
admitting gress has passed an enabling act authorizing the 
people of the territory to frame a constitution and 


state not 
to he sub¬ 
divided 


States 


* The only case in our history of the subdivision of a State without its consent was that 
of West Virginia, which separated from the Old Dominion in 1861 in consequence of the 
ordinance of secession adopted by the State convention at Richmond. That part of the 
State west of the Alleghanies thereupon formed a separate government, and was admitted 
to the Union by Congress in 1862. Later Virginia acknowledged the validity of the creation 
of the new State. 


TERRITORIAL FUNCTIONS 


421 


apply for admission. In other cases, the citizens of the ter¬ 
ritory, acting on their own initiative, have called a conven¬ 
tion and framed a constitution, which, after ratification 
by the voters, has been submitted to Congress for approval. 
Either of these methods of procedure is merely a prelimin¬ 
ary step, the final decision as to admission resting entirely 
with Congress. 

Although a new State can only be admitted upon such 
terms as Congress may prescribe, once in the Union it is 
on an equal footing with other States in all respects; 
and according to the weight of authority, may even alter 
amend its constitution regardless of conditions 
which have been imposed by Congress. Moreover, once in 
the Union a State cannot under any circumstances with¬ 
draw or secede, the Civil War having forever settled the 
principle that this is “an indestructible Union of inde¬ 
structible States.” 

Immediately after the Civil War, the question arose as 
to the status of the eleven States which had passed ordin¬ 
ances of secession. Widely divergent views were ggggggjojj 
held by President Johnson and Congress; but the andrecon- 
congressional theory finally prevailed. This held 
that although the Southern States had never been out of the 
Union, their rebellion had forfeited their rights as States, 
and practically reduced them to the condition of conquered 
territory. Hence it was for Congress to determine how long 
this status should continue, as well as the conditions upon 
which the former States might be “reconstructed,” and 
restored to their former privileges as commonwealths. 




GOVERNMENT AND POLITICS 


GENERAL REFERENCES 

Beard, C. A., American Government and Politics (1910), ch. xxi. 

- Readings in American Government and Politics (1910), ch. xxi. 

Black, H. C., Constitutional Law (1897), pp. 225-235. 

Bryce, James, American Commonwealth (1907), i, ch. xlvii. 

Callahan, J. M., American Relations in the Pacific, Johns Hopkins Univ. 

Studies, XIX, nos. 1-3 (1901). 

Carpenter, E. J., The American Advance (1903). 

Farrand, Max, The Legislation of Congress for the Government of the Or- 
ganized Territories (1896). 

Hart, A. B., Actual Government (1903), chs. xviii-xx. 

Hinsdale, B. A., The Old Northwest (1888), chs. x, xiv. 

McClain, E., Constitutional Law (1905), pp. 262-267. 

Morris, Chas., Our Island Empire (1899). 

Pomeroy, J. N., Constitutional Law of the United States (1888), secs. 483- 
499. 

Porter, J. A., The City of Washington, Johns Hopkins Univ. Studies, iii, 
nos. 11-12. 

Reinsch, P. S., Colonial Government (1902), part vii. 

Rowe, L. S., The United States and Porto Rico (1904). 

Tucker, J. R., Constitution of the United States (1899), ii, 602-616. 
Willoughby, W. F., TerriUrries and Dependencies of the United States (1905). 
Woodbum, J. A., The American Republic (1908), ch. viii. 


QUESTIONS AND EXERCISES 

1 . Prepare a report upon the territorial growth of the United States. 

2 . On an outline map of the United States mark off with different colors 
the various territorial annexations. 

3. Describe the territorial policy of the United States. Discuss some of 
the problems arising from the annexation of the Philippines. 

4. Discuss the influence of the Ordinance of 1787; (a) upon local self- 
government; (b) upon slavery; (c) upon education. 

5. Discuss the method of admitting a State into the Union. 

6 . Give an account of the Louisiana Purchase. What States were formed 
out of this territory? 

7. What States, besides the original thirteen, have never been national 
territories? 

8 . Prepare a table giving the population and area of each of our territories 
and insular possessions. 

9. Bound your State. Has it ever been part of, or has it ever included, 
another State? 

10 . How did your State receive its name? Its nickname? 

11 . When was your State admitted to the Union? Describe its territorial 
government prior to admission. How long was it an organized terri¬ 
tory? Give a history of the steps by which admission was secured. 

12 . What restrictions has Congress imposed upon States as a condition 
to admission? Were any imposed upon your State? Are these condi¬ 
tions still binding? 

13. Why was the capital of the United States placed under the exclusive 
control of Congress? Why was the present form of government estab- 



TERRITORIAL FUNCTIONS 


423 


lished for the District? What political rights are denied to residents 
of the District? 

14. Describe the city of Washington — street plan, principal public build¬ 
ings and places of interest, monuments, and surroundings. 

15. Name any public buildings, forts, or reservations in your community 
which belong to the federal government. 

16. Do the provisions of the constitution extend to the territories? 

17. May Congress make a separate tariff for the Philippines? May Con¬ 
gress levy duties upon go^s imported from Porto Rico or the Philip¬ 
pines to the United States? (Swtion 497.) 

18. Are the people of conquered territories entitled to the privileges and 
immunities of the constitution? 

19. What degree of local self-government has been granted to our insular 
possessions? Why are not the same political rights accorded to them 
as to continental territories? 

20 . Is there any likelihood that our insular possessions will ever be ad¬ 
mitted as States? 

21 . Under the provisions of the constitution, could Texas be divided into 
four States? Could Indiana and Ulinois be united into a single State? 


CHAPTER XXXIV 


MILITARY FUNCTIONS 


499. War Powers of the Federal Government. The con¬ 
stitution entrusts the war power to the federal government, 

the States being absolutely prohibited from keep- 

Miutary ^ . 

powers oi mg troops or ships 01 war m time of peace, or from 

Congress engaging in war unless actually invaded or in 
imminent danger. The military powers vested in Congress 
by the constitution include the right (1) to declare war; 
(2) to grant letters of marque and reprisal; (3) to make 
rules concerning captures on land and water; (4) to raise 
and support armies; (5) to provide and maintain a navy; 
(6) to make rules for the government and regulation of the 
land and naval forces; and (7) to organize, arm, and dis¬ 
cipline the militia.^ 

Important military powers are also entrusted to the 
President’s President, since he is commander-in-chief of both 
miutary army and navy, has power to call out the militia 
authority u^der certain conditions, and may make treaties 
with the advice and consent of the Senate. 

500. American Wars. The important wars in which the 
United States has been engaged are as follows: (1) Re¬ 
volutionary War, from April 19, 1775, to April 11, 1783; 
(2) War of 1812 with Great Britain, June 18, 1812, to Feb¬ 
ruary 17, 1815; (3) War with Mexico, April 24, 1846, to 
May 30,1848; (4) the Civil War, April 12,1861, to May 26, 
1865; (5) War with Spain, April 21,1898, to April 11,1899. 

The United States has also been involved in many minor 
wars. These include a protracted series of Indian conflicts; 

» Constitution, Art. i. Sec. 8, Pars. 11-16. 


MILITARY FUNCTIONS 


425 


the naval war with Tripoli from 1801 to 1805; a quasi¬ 
war with France from 1798, to 1800; and finally, the Philip¬ 
pine insurrection from 1899 to 1902. 

501 . The Declaration of War. A formal declaration of 
war is sometimes made at the outbreak of hostilities be¬ 
tween two countries, this declaration serving as a object and 
public notice of the existence of war, and imposing 

upon other nations the obligations of neutrality.^ The 
declaration is usually preceded by the dismissal of the re¬ 
spective ambassadors, thus severing diplomatic intercourse 
between the two countries. The right to declare war neces¬ 
sarily includes the power to wage war by every means 
known to any nation, subject only to the limitations pre¬ 
scribed by international law. 

502 . Letters of Marque and Reprisal. Letters of marque 
and reprisal are commissions authorizing “persons who are 
not in the regular service of the country to exercise the 
public power of warring upon and capturing vessels of the 
enemy upon the high seas.” ^ In other words, such letters 
are commissions which license privateering. Most of the 
great powers except the United States have subscribed to 
the Declaration of Paris (1856), abolishing privateering 
as a means of waging war. Privateering was extensively 
used in the War of 1812 against Great Britain, but no 
privateers were licensed during the Spanish-American War. 

503 . Captures on Land and Water. The power to make 
rules concerning captures on land and water authorizes 
Congress to regulate the disposition of all property 
captured in time of war. Such captures may con- lations and 
sist either of the persons or property of the enemy, 

or of neutral ships or goods taken while violating the rules 
of war; e.g., when neutral ships attempt to enter a port 
declared by one of the belligerents to be in a state of block- 

^ Declarations of war were made by Congress at the outbreak of the War of 1812 and the 
Spanish-American War; while in 1846 Congress passed an act declaring that “by the act 
of the Republic of Mexico a state of war exists between that government and the United 
States.’* 

• Tucker, J. R., The Constitution oj the United States, ii, 578. 


426 


GOVERNMENT AND POLITICS 


ade.^ In the exercise of its authority concerning captures, 
Congress has enacted a complete code of prize regulations, 
and has established a system of prize courts. Congress 
may also enact temporary regulations for the government 
of territory of the enemy occupied by the forces of the 
United States, such territory being subject to final disposal 
through the treaty-making power vested in the President 
and Senate. 

504 . Power to raise and support Annies. The con¬ 
stitution vests in Congress power “to raise and support 
Limitation armies,” subject to the provision that “no appro- 
npon power prJation of money to that use shall be for a longer 
term than two years.” This limitation was designed as a 
check upon possible abuse of power by the President as 
commander-in-chief. Since army appropriations must be 
made every two years, the military branch of the govern¬ 
ment is completely dependent upon the will of Congress. 

The right to raise armies authorizes Congress to employ 
all means by which troops may be raised, even including 
Extent of ^ conscription or draft. “ Supporting ” armies and 
power “maintaining” navies includes not only provision 
for food, clothing, transportation, equipment, and medical 
care of troops; but also authorizes the construction of forts, 
coast defenses, barracks, arsenals, depots, coaling and naval 
stations and yards. In fact, this clause empowers the federal 
government to employ all necessary and proper means 
which will further the country’s defense — it may manu¬ 
facture arms and ammunition, build ships, educate officers 
in military and naval science, organize war and navy de¬ 
partments, provide for the payment of bounties and pen¬ 
sions, and perhaps may even construct railways as a means 
of facilitating the transportation of troops and materiel of 
war. 

Throughout our history the standing army has been 
small except during actual war. Until 1898 the army on a 

* During the Civil War, about fifteen hundred vessels were captured or destroyed whila 
entering or leaving blockaded ports. 


MILITARY FUNCTIONS 


427 


peace footing numbered less than 27,000 men; but in 1901, 
shortly after the war with Spain, the President was The stand- 
authorized to increase the army at his discretion 
to a maximum of 100,000 men. With the establishment of 
peace in the Philippines, this number has been materially 
reduced, and in 1909 the regular army numbered 4048 
officers and 74,665 enlisted men.^ This force consists of 
fifteen regiments of cavalry, thirty of infantry, six regi¬ 
ments of field artillery, a coast artillery corps, three bat¬ 
talions of engineers, the hospital corps, signal corps, and the 
staff departments. 

In time of peace the army is recruited out of volunteers 
between the ages of eighteen and thirty-five who succeed 
in passing a rigid physical examination. The pay 
of private soldiers is small — from thirteen to six- diities of 
teen dollars a month, besides barracks and food. 

The ordinary peace duty of the army is to garrison military 
posts and stations, protect government property, and serve 
as a reserve force in case of disturbances with which State 
authority cannot cope. 

In time of war, troops may be raised in three ways, 
(1) By enrollment of volunteers, as in time of peace. (2) The 
President may call upon the States to furnish 
troops, under his power to call out the militia, in time of 
(3) By conscription or draft, that is, the selection 
of men by lot for compulsory military service. The first two 
methods have been employed in nearly all of the important 
wars in which the United States has been engaged; draft¬ 
ing was resorted to only during the Civil War.^ 

505. Officers of the Army. The President is commander- 
in-chief of the army; and under him as acting head of 
the administration is the Secretary of War. The grades oHjcers 
of officers are general and lieutenant-general (titles 

* A small force in comparison with the standing armies of Europe. The United States 
is the only leading power except Great Britain which relies for defense on a purely volun¬ 
teer army. On a peace footing the array of France numbers 529,000 men; that of Germany 
617,000; of Russia 1,100,000; and of Great Britain 253,000. 

* In New York City the draft occasioned the worst riot in our history. 


428 


GOVERNMENT AND POLITICS 


given as honorary distinction in recognition of signal services); 
major-general, brigadier-general, colonel, lieutenant-colonel, ma¬ 
jor, captain, first and second lieutenant. The salaries of officers 
range from $11,000 for lieutenant-general down to $1700 for 
second lieutenant, with fixed increases after a certain length of 
service. 

Officers are appointed by the President subject to confirmation 
by the Senate. Most of the higher officers are graduates of West 
Appoint- Point; but in some cases they are appointed directly 
ment and from civil life, and not infrequently men from the ranks 
xetliement promoted to commands. Neither army nor naval 

officers may be removed in time of peace except by court-martial; 
but in time of war the President may remove summarily. Provi¬ 
sion is made by law for the compulsory retirement of officers who 
have reached the age of sixty-four, and for their voluntary retire¬ 
ment after forty years of service. Retired officers receive for the 
remainder of their lives three fourths of the pay of their rank at 
retirement. 


506. Education of Officers. The necessity of professional 
training for military officers was realized at an early date, and in 
West Point Congress authorized the establishment at West 

Point, New York, of the Academy which has since 
become one of the famous military schools of the world. 

Under the present plan, each Senator, each congressional dis¬ 
trict, and each territory is entitled to one cadet at West Point, 
Appoint- appointed by the Secretary of War upon the nomina- 
mentol tion of the Senator or Representative concerned. In 
cadets addition, forty cadets are appointed at large by the 
President, these appointments being commonly given to the sons 
of army or naval officers. Appointees must be between the ages 
of seventeen and twenty-two years, and must pass a thorough 
physical and mental examination, the latter including the common 
branches, also the subjects usually given in the first two years 
of the high-school course. 

The course of instruction requires four years, and is chiefly 
mathematical and professional. Each cadet is paid by the govern- 
Conrse of $700 per year, a sum about sufficient for his sup- 

Instructlon Port. Only one leave of absence is allowed during the 
four years, and this is granted at the end of the second 
year. Academic duties continue from September first to June first, 
the intervening months being spent in camp, where practical mili¬ 
tary training is given. Upon graduation cadets are commissioned 
as second lieutenants in the United States Army. 


MILITARY FUNCTIONS 


429 


Besides the Academy at West Point, the United States main¬ 
tains several institutions for more advanced military training. 
Among these are the War College at Washington, the 
General Service and Staff College at Fort Leaven- 
worth, the Cavalry and Light Artillery School at Fort “ 

Riley, and the School of Submarine Defense at Fort Totten, 
New York. Valuable military training of an elementary character 
is given in numerous private military schools throughout the United 
States; also in many State universities and agricultural colleges, 
which receive grants of money from the federal government. 

507 . Militia. On account of the traditional distrust of a 
standing army, the United States has always relied largely 
for its defense upon the militia, or citizen soldiery. The 
unorganized militia includes all able-bodied men in the 
United States between the ages of eighteen and forty-five. 
Of this number only about 100,000 are included in the 
organized militia (commonly called the national guard). 
Hence only a small percentage of the entire militia has 
received any military training or discipline — a condition 
which has proven a serious drawback in all of our wars. 

The constitution vests in Congress authority to provide 
for organizing, arming, and disciplining the men, but re¬ 
serves to the States the right to appoint the of- control oi 
ficers, and to train the men according to the dis- 
cipline prescribed by Congress (which is the same as for 
the regular army). The President may call out the militia 
under the conditions specified in the constitution, namely, 
to execute the laws of the Union, suppress insurrection, 
and repel invasions. ^ When thus called into the service of 
the United States these troops are subject to the President’s 
authority as commander-in-chief; but they may not be 
kept in service for a period exceeding nine months in any 
year. 

On three occasions — the Whiskey Rebellion (1794), 

* Conititution, Art. i, Sec. 8, Par. 16. Whether circumstances exist which warrant call¬ 
ing forth the militia is for the exclusive determination of the President, and his decision 
may not be called in question by any court or other authority, either State or federal. — 
Martin v. Mott, 12 Wheaton, 19. 


430 


GOVERNMENT AND POLITICS 


the War of 1812, and the Civil War,—the militia were called 
Federal out by the President. In the Civil War President 
service Lincoln issued three calls for the militia as such, 
to the aggregate number of 475,000 men. 

508 . The Navy. Notwithstanding its splendid services 
in the War of 1812, and in the earlier struggle with the Bar- 
History bary pirates fl801-1805), the American navy re- 
oi navy mained small and neglected throughout the greater 
part of our history. Finally in 1882 came a change in 
policy, and in the following year many new vessels of the 
most approved type were constructed. The wisdom of 
maintaining an adequate navy was proven in the war with 
Spain, when the new navy first demonstrated its efl&ciency 
as a fighting force. Since that war the programme of expan¬ 
sion has continued, until to-day the American navy ranks 
with the most powerful navies in the world, being about 
equal in strength to that of France or Germany, and only 
decisively surpassed by that of Great Britain. 

In 1911, our navy had 27 battleships, 10 armored and 28 pro¬ 
tected cruisers, 38 gunboats, 52 torpedo boats and destroyers, and 
Present 1^ submarines, in addition to about 150 auxiliary 
strength and vessels.^ The ships of the navy are organized into fleets 
organization squadrons, as the Atlantic and the Pacific fleet, each 
under the command of a rear-admiral. Unassigned vessels are sent 
abroad to protect American interests, and as a means of educating 
oflBcers and men in new ideas and methods. The United States 
possesses eight navy-yards, together with a score of naval and 
coaling-stations. 

The official head of the navy is the President as commander- 
in-chief, next in authority being the Secretary of the Navy. The 
department organization includes eight bureaus for 
or^jSStlon management of the various branches of naval ad¬ 
ministration. Of these the most important is the Bureau 
of Navigation, which has charge of the personnel of the service 
and the direction of the fleet. Strategical and tactical matters 
are under the control of a General Board, corresponding to the 
General Staff of the Army. 

* Under construction, or authorized: 6 battleships, 15 torpedo boat destroyers, 15 sub* 
marines, 1 gunboat, and 7 colliers. 


MILITARY FUNCTIONS 


431 


The active list of the navy comprises 2368 commissioned and 
warrant olBBcers, and about 44,500 enlisted men.^ The grades of 
oflBcers in the line of the navy are admiral, rear-admiral, 
commodore, captain, commander, lieutenant-command¬ 
er, lieutenant, lieutenant (junior grade), and ensign. Salaries 
of oflBcers range from $14,850 for admiral down to $1870 for 
ensigns, with increases proportionate to length of service. All 
oflBcers of the navy are retired at sixty-two years, or after forty- 
five years of service, receiving for life three fourths of the pay of 
their rank at retirement.^ 

509. Education of OflBcers. The naval school correspond¬ 
ing to West Point is the United States Naval Academy at Anna¬ 
polis, established in 1845. At present two midshipmen united 
are allowed for each Senator, Representative, and dele- States Naval 
gate in Congress, and two for the District of Columbia, 

These are appointed by the Secretary of the Navy upon the nomi¬ 
nation of the individual Senators, Representatives, or delegates. 
In addition, the President appoints one midshipman from Porto 
Rico, and five at large from the United States. Candidates for 
appointment must be between sixteen and twenty years of age, 
and must pass entrance examinations similar to those required at 
West Point. 

The six-year course of instruction corresponds in many respects 
to that given in advanced technical schools. The last two years 
of the course are spent at sea, after which come the final examina¬ 
tions. There are annual practice cruises from June 1 to Septem¬ 
ber 1. Midshipmen are paid $600 annually from the date of ad¬ 
mission, and upon graduation receive commissions as heutenants 
of junior grade. 

Advanced naval instruction is given in the Naval War College 
at Newport, Rhode Island, where oflBcers are instructed in special 
branches, and plans prepared for naval operations. 

Other schools are the Naval Torpedo School at Goat gchools^^^ 
Island, the several apprentice training schools for en¬ 
listed men, and the gunnery training schools for both oflBcers 
and men. 

510. Rules for the Government of Land and Naval 
Forces. The power “to make rules for the government 

* An important auxiliary force is the United States Marine Corps with 267 officers and 
9313 men. Naval reserves or militias exist in 19 States with a combined strength of about 
6000. 

* The pay of the men varies according to the classes Into which they are divided — 
first class seamen receive $26 per month, first class firemen $38, and apprentice seamen 
$16. 


432 


GOVERNMENT AND POLITICS 


and regulation of the land and naval forces” is necessarily 
Miutary included in the power to declare war, and to raise 
and maintain armies and navies. At an early 
date, Congress adopted rules and articles for the government 
of the army and navy, thus establishing a code of military 
law for the government of land and naval forces. Petty 
offenses in both army and navy may be punished by the 
commanding officer; while more serious offenses are tried 
by court-martial. 

511 . Military Pensions. The pension system of the United 
States dates from the Revolutionary War, at which time 
Early Continental Congress promised pensions for 

pension soldiers who should be disabled, and for the families 
legislation those who perished in the struggle. This pro¬ 
mise was carried out in 1792 by the enactment of a general 
pension law; and since that time the United States has 
provided more generously for those who have fought for 
its flag than any other nation in the world. In addition 
to a disability pension, the soldiers of the Revolutionary 
War, of the War of 1812, and of the Mexican and Indian 
wars, were given grants of public lands amounting in effect 
to a service pension. 

Down to the Civil War, expenditures for pensions did not 
exceed $3,000,000 per year, and at the beginning of that 
civil War struggle there were only 8636 pensioners on the 
pensions Early in the Civil War, Congress pledged 

the public faith that those who were disabled in that terrible 
conflict, and also the families of those who were killed, 
should be provided for by the government. Accordingly, by 
the act of 1862, pensions were granted to disabled soldiers, 
and also to the widows of those who had fallen. Under 
this law, expenditures for pensions increased rapidly, but 
in no year before 1890 did the amount reach $100,000,000. 
In that year an act was passed which greatly broadened 
the scope of the system by granting pensions to all per¬ 
sons who, having served in the Civil War, had become 


MILITARY FUNCTIONS 


433 


for any reason unable to earn a livelihood. This act has 
very greatly increased pension expenditures, the annual 
amount of which has not been less than $138,000,000 in any 
year since 1892. The last act for the benefit of Civil War 
veterans (passed in 1907) provides a service pension for 
all who served in the war, regardless of disability. At the 
present time there are over 900,000 pensioners on the 
rolls. ^ 

Since the establishment of the national government in 
1789, the total cost to the United States for pensions is 
estimated by the Commissioner of Pensions at cost of 
four billion dollars.^ Over 90 per cent of this 
enormous sum resulted from the Civil War, the total ex¬ 
penditure for Civil War pensions having now exceeded the 
original cost to the federal government of the war itself. 
At the present time the annual military expenditures of the 
federal government — including the cost of the army and 
navy and of pensions — comprise seventy-two per cent of 
the net ordinary expenses of government.^ 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), secs. 304-307. ’' 

Beard, C. A., American Government and Politics (1910), ch. xvii. 

- Readings in American Government and Politics (1910), ch. xvn. 

Black, H. C., American Constitutional Law (1897), pp. 220-224. 

Fairlie, J. A., The National Administration of the United States (1905), 
chs. IX, X. 

Forman, S. E., Advanced Civics (1905), ch. xxxiii. 

Glasson, W. H., Military Pension Legislation in the United States (1900), 
Columbia Univ. Studies, xii, no. 3. 

Harrison, B., This Country of Ours (1903), chs. xiii, xvi. 

Hart, A. B., Actual Government (1903), ch. xxv. 

McClain, E., Constitutional Law in the United States (1905), ch. xvn. 
Pomeroy, J. (N., Constitutional Law of the United States (1888), secs. 
441-482. 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. xi. 

* In addition to the pensions granted under general laws, many claims rejected by the 
Pension Bureau have been allowed by Congress in special acts. In all about 10,000 such 
acts have been passed since 1861, granting pensions to persons who could not bring the 
necessary proof before the Pension Bureau. 

* See Section 396. 

* About 41 per cent of the federal expenditures are for the army, navy, and fortifica¬ 
tions, and 31 per cent for pensions. 



434 


GOVERNMENT AND POLITICS 


Tucker, John R., The Constitution of the United States (1899), pp. '576-597. 
Upton, Emory, The Military Policy of the United States (1904). 


QUESTIONS AND EXERCISES 

1. Name the causes, principal battles, and results of each of the five great 
wars which the United States has waged. 

2. Name several restrictions imposed by international law upon methods 
of warfare. 

3. What are the rights and duties of neutrals with regard to belligerent 
powers? 

4. Prepare a report upon the President’s military powers in time of war. 

5. What is martial law? May a civilian be court-martialed? 

6 . May the property of individuals be confiscated as a war measure? 

7. Have our recent territorial acquisitions involved any change in our 
historic military policy? 

8 . What is the present strength of our standing army? Into what de¬ 
partments is it organized? Who is the commanding general? 

9. What was the amount of last year’s appropriation for the army? For 
the navy? For coast defense? For pensions? Do you consider the 
total appropriation for military purposes excessive? 

10 . Assuming that preparation for war is a necessity, which should re¬ 
ceive most attention, the army, navy, or coast defense? 

11 . Describe the principal defenses of the Pacific coast; of the Atlantic 
coast. 

12 . Give an account of the United States Military Academy; of the United 
States Naval Academy. 

13. Give an account of the achievements of our navy in the Spanish- 
American War. 

14. Compare our navy with that of Great Britain, Germany, France, and 
Japan. 

15. Give an account of recent pension legislation. 

16. Suggested readings upon the army and navy: Reinsch, P. S., Readings, 
pp. 610-650. 



( By courtesy of the Xnry Department) 


THE ARMORED CRUISER “^lOXTAXA” 

Displacement, 14,500 tons; speed, 32 knots; cost, 84,400,000. At the time of the war 
with Spain, our heaviest battleship displaced 11,340 tons. Battleships of the pre¬ 
sent day are of over 20,000 tons. 



(By courtesy of li. W. McLlaughry, Warden) 

EXITED STATES PEXITEXTIARY, AT LEAVEXWORTH, KAXSAS 
As it will appear when completed. 













CHAPTER XXXV 


MISCELLANEOUS POWERS 

512 . Control of Naturalization. Under the constitution. 
Congress has exclusive power to establish a uniform rule on 
the subject of naturalization; or in other words, to Aliens and 
determine the conditions upon which aliens may 
become citizens. An alien is a person who by reason of his 
foreign birth is not entitled to the privileges of American 
citizenship. Citizens are of two classes — native-born and 
naturalized. In general, all persons born within the United 
States, as well as the children born abroad of American 
parents, are native-born citizens. Naturalized citizens are 
aliens who have attained citizenship through the process 
of naturalization. 

513 . Process of Naturalization. The method of natural¬ 
ization prescribed by Congress requires a minimum residence 
in this country of five years. ^ At least two years Declaration 
before his final admission, the alien must declare lateation 
on oath that it is his intention to become a citizen of the 
United States, and to renounce forever his allegiance to the 
foreign country of which he is a subject or citizen. This 
declaration is made before a circuit or district court of the 
United States, or before a court of record of the State in 
which the applicant resides.^ The declaration of intention 
sets forth the applicant’s name, age, occupation, personal 
description, place of birth, last foreign residence and al¬ 
legiance, date of arrival in the United States, and present 
residence. The declaration is recorded and a certified 

» This has been the required term since 1795 except during the years 1798-1802, when 
It was fourteen years. 

• The State court must be one of common law jurisdiction, having a seal and a clerk. , 


436 


GOVERNMENT AND POLITICS 


copy furnished the applicant, who is then said to have taken 
out his first papers, or to have made his declaration. 

Not less than two nor later than seven years from the 
declaration of intention, the applicant may present to the 
Final court a petition signed in his own writing and duly 

admission verified, requesting admission to full citizenship. 
This sets forth the fact that the petitioner has been a 
resident of the United States at least five years contin¬ 
uously, and of the State or district where the court is 
held at least one year; that he is not opposed to organ¬ 
ized government, and is not a believer in polygamy; and 
that he absolutely and forever renounces all allegiance to 
the foreign country of which he has been a citizen. Finally, 
the applicant must declare on oath in open court that he 
will support the constitution of the United States. Two 
witnesses must testify to his term of residence; and if it 
appears to the satisfaction of the court that during that 
time he has conducted himself properly, he may be ad¬ 
mitted to citizenship.^ The naturalization of an alien 
includes his wife and minor children residing in this country. 

514 . Naturalization of Communities. When foreign ter¬ 
ritory is annexed to the United States, Congress may pass 
a general act conferring citizenship upon the inhabitants 
of such territory. This was done upon the annexation of 
Texas, New Mexico, and California, and shortly after the 
annexation of Hawaii.^ The inhabitants of Porto Rico and 
the Philippines are entitled to the protection of the United 
States, but Congress has not yet conferred upon them the 
privilege of citizenship. 

515 . Effects of Naturalization. The result of natural¬ 
ization is to confer practically all the privileges of native- 
born citizens, except that of eligibility to the Presidency or 

* The privilege of naturalization is not accorded to aliens of all races, but is limited to 
“aliens being free white persons, and to aliens of African nativity and persons of African 
descent.” The naturalization of Chinese is expressly prohibited by act of Congress; nor 
may citizenship be conferred upon aliens who cannot speak English. 

* Another instance of collective naturalization was that which resulted from the adop- 
tion of the fourteenth amendment. 


MISCELLANEOUS POWERS 437 

Vice-Presidency.^ Naturalized citizens become citizens of 
the State or territory in which they reside, as privileges of 
well as of the United States. Naturalization does ciuzeaship 
not of itself confer the right of suffrage, since the right 
to vote comes from the State, and the qualifications for 
suffrage are determined by State laws. But most States 
confer the right to vote upon all citizens of the United 
States who have resided within the commonwealth for one 
year; and eleven States even permit aliens to vote, provided 
they have declared their intention of becoming citizens. 

516 . Power over Bankruptcy. A bankruptcy law is one 
which provides for the equitable division among his cred¬ 
itors of the property of an insolvent debtor, where- Bankruptcy 
upon the latter is discharged from legal liability 

for the remainder of his debts. The object of a bankruptcy 
law is to afford relief to the debtor who is hopelessly in¬ 
solvent, while also securing to each creditor payment of a 
proportionate share of his claim. 

The constitution vests in Congress power to establish 
uniform laws on the subject of bankruptcy throughout the 
United States. If Congress does not exercise this 
power, the States may pass laws dealing with the and state 
subject; but when Congress passes a national bank- 
ruptcy act. State bankruptcy laws are thereby suspended, 
the federal law operating throughout the entire Union. 

On four occasions in our history. Congress has exercised 
this power, but most of the federal bankruptcy pg^gj^j 
laws have been of brief duration. Thus the bank- bankruptcy 
ruptcy act of 1800 was repealed in 1803; that of 
1841 in 1843; that of 1867 in 1878; while the law passed in 
1898 remains in force. 

517 . Proceedings in Bankruptcy. Under the present law, 
proceedings in bankruptcy may be instituted by the Voluntary 
debtor or the creditor, the former being known as bankruptcy 
voluntary, the latter as involuntary bankruptcy. Any person 

* At least seven years of citizenship is required in order to be eligible to the House of 
Bepresentatives, and nine years for the Senate. 


438 


GOVERNMENT AND POLITICS 


who owes debts may become a voluntary bankrupt. In such 
case the debtor files a petition setting forth that he is unable to 
pay his debts, and that he is willing to surrender all his property 
for the benefit of his creditors. 

Any person or corporation (except laborers, farmers, and na- 
Involuntary tional banks) owing debts to the amount of one thou- 
bankniptoy g^nd dollars may be adjudged an involuntary bankrupt 
upon committing certain acts of bankruptcy.^ 

Original jurisdiction in bankruptcy cases is vested in the federal 
district courts, although the statute also provides for referees, 
Jurlsdio- perform many judicial functions in bankruptcy 

tlon and proceedings. After the debtor is adjudged a bankrupt, 
proceedings ^ trustee is appointed who assumes control of his pro¬ 
perty and administers it for the benefit of creditors. After the 
claims of creditors have been established, the property is divided 
among them pro rata according to the amount of their claims. 
If the bankrupt’s business conduct has been honest, he is then 
entitled to a legal discharge from his debts, although the moral 
obligation to pay them of course remains. 

518. Power over Copyrights. In order to promote the 
progress of science and the useful arts, the constitution vests 
Copyright in Congress the power to enact copyright laws, 
whereby the works of authors may be protected. 
A copyright law is one which secures to an author the 
exclusive right to print, publish, and sell his writings, and 
generally the exclusive right to dramatize them. The present 
law grants a copyright for a term of twenty-eight years, 
and provides for a renewal by the author (or the widow, 
widower, or children of the author, or next of kin) for the 
further term of twenty-eight years.^ 

In order to secure copyright on a book or other work repro¬ 
duced in copies for sale, the work must be published with the 
copyright notice;^ and promptly after publication, two copies of 

^ Acts of bankruptcy include: (1) conveying, concealing, or removing property with 
intent to hinder, delay, or defraud any creditor; (2) transferring property while involved 
in order to give one creditor a preference over another; (3) permitting while insolvent any 
creditor to obtain such preference through legal process; (4) making a general assignment for 
the benefit of creditors; (5) admitting in writing inability to pay existing debts and willing¬ 
ness to be adjudged a bankrupt on that ground. 

• Copyright protection is granted to books and periodicals, maps, dramatic or musical 
compositions, photographs, works of art, or designs for works of art, sermons, and lec¬ 
tures. 

• The legal form is: “Copyright, 19—, by-” 



MISCELLANEOUS POWERS 


439 


the best edition must be sent to the copyright oflice at Washing¬ 
ton, together with an application for registration, 
accompanied by the fee of one dollar. In the case of cop^ight* 
books by American authors, an affidavit is required 
stating that the typesetting, printing, and binding of the book 
have been performed within the United States. 

Repeated attempts have been made to secure the enactment 
of an international copyright law, but as yet such efforts have 
proven unavailing. Many nations, including the interna- 
United States, grant copyrights to citizens of foreign tlonal 
countries provided the foreign country grants recipro- 
cal rights. The benefit of our copyright law to foreign authors is 
greatly restricted by the requirement that in order to secure pro¬ 
tection, the book (if in the English language) must be printed in 
the United States.^ 

519. Patents. Congress has authorized the granting of 
patents securing to inventors for a limited period the ex¬ 
clusive right to make, manufacture, and sell their what may 
inventions. Patents may be granted to any person patented 
who has invented or discovered any new or useful art, ma¬ 
chine, manufacture, or composition of matter, or any new 
and useful improvement thereof; or any new or original 
design for an article or manufacture.^ Patents are valid 
for a period of seventeen years. 

Patents are issued through the Patent Office, a bureau of the 
Department of the Interior since 1849. Applications must be made 
in writing to the commissioner of patents, the applicant j^ppygationa 
being required to state under oath that he believes 
himself to be the original inventor of the article upon which he 
seeks a patent. The application must be accompanied by a writ¬ 
ten description of the invention, giving all the specifications in 
a full, clear, and concise manner. The description is generally 
accompanied by drawings, and if necessary the inventor may be 
required to furnish a model.^ 

* Books of foreign origin in a language other than English need not be manufactured in 
the United States in order to secure the copyright. 

* The article must be one not patented or described in any printed publication in this or 
any foreign country prior to the invention, and not in public use or on sale in the United 
States for more than two years prior to the application. 

» The fee on filing an application for a patent is fifteen dollars; on issuing the patent, 
twenty dollars. All patented articles must be marked with the word “patented,” together 
with the exact date on which the patent was granted. 


440 


GOVERNMENT AND POLITICS 


Upon receipt at the Patent Office, the application is referred 
to the proper examiner to decide whether the article is an inven- 
Declsion whether it possesses novelty and utility.^ If 

oonoernlng the examiner reports favorably, the patent is issued; if 
patents jg adverse, the applicant may appeal to the 

board of examiners, and from their decision to the commissioner 
of patents, and finally to the court of appeals of the District of 
Columbia. 

An infringement of a patent consists in wrongfully making, 
using, selling, or otherwise dealing with a patented invention. 

Infringements of patents give rise to much litigation, 
and in such cases the patentee has two remedies: he may 
sue at law for damages; or may apply to a court of 
equity for an injunction restraining the infringer from continuing 
his acts, praying also for damages for the injuries sustained. 

The Patent Office with its collection of valuable models is one 
of the most interesting of the government bureaus. The office 
The performs an economic service of the highest importance 

in encouraging invention; and it is estimated that one 
third of the world’s important inventions originate in 
the United States. Since 1837 nearly one million patents have 
been issued. 


Inlrlnge 

menta 


Patent 

omce 


520 . Trade-Marks. By acts passed in 1870 and 1876, 
Congress attempted to establish a universal system of trade- 
Pederai mark registration in order to secure to owners of 
legislation trade-marks the exclusive right to their use. These 
acts were held unconstitutional by the Supreme Court, 
since a trade-mark is not an invention, discovery, or writing 
within the meaning of the clause of the constitution re¬ 
lating to patents and copyrights. Further, the acts could 
not be sustained under the commercial power, because they 
were not limited to trade-marks used in foreign and inter¬ 
state commerce. In 1881, Congress passed a statute deal¬ 
ing with the same subject, but limited in its scope to trade¬ 
marks used in foreign and interstate commerce. 

521 . Weights and Measures. Although expressly au- 
Actionby thorized by the constitution to fix the standard 
Congress weights and measures. Congress has done little 


* The requirement as to utility is very liberally interpreted. 


MISCELLANEOUS POWERS 


441 


in the exercise of this power. Legislation has been enacted 
providing a standard troy pound for the regulation of the 
coinage (1828), establishing uniform standards for use in 
the customs and internal revenue service, and making per¬ 
missive but not obligatory the use of the metric system 
(1866).! 

In the absence of exclusive congressional legislation, each 
State has the right to adopt its own standard of weights 
and measures. The States have retained the old The state 
English standards, instead of adopting the metric *y**®“s 
system used throughout the greater part of the civilized 
world. Whenever Congress sees fit to establish a national 
standard, these State laws will be superseded, just as in the 
case of a national bankruptcy law. 

522 . Federal Power over Crimes. The power of Con¬ 
gress to define and punish crimes is either expressly granted 
by the constitution, or necessarily implied in the Express 
grant of other powers. Authority is expressly con- 

ferred to deal with the following crimes: (l) counterfeiting; 

( 2 ) piracies and felonies committed on the high seas; 

(3) offenses against international law; and (4) treason. 

Congress has implied power over a large number of 

crimes, this authority being indispensable to the effective 
exercise of the law-making function. Thus the implied 
power to establish post offices and post roads p®'^®” 
necessarily implies power to punish the crime of robbing or 
obstructing the mails; the power to levy customs duties 
and excises requires provision for penalties at every step; 
and many similar examples could be added. 

523 . Counterfeiting. Congress is expressly empowered 
to “provide for the punishment of counterfeiting the se¬ 
curities and current coin of the United States.” ^ Counter¬ 
feiting includes not only the manufacture of forged coins 

* In 1901 Congress established a national bureau of standards, which has since been made 
a bureau of the Department of Commerce and Labor. This bureau is the repository of the 
national standards; and to carry on its work a corps of specialists has been employed, and 
laboratories have been equipped with measuring apparatus and other instruments. 

» Conttitution, Art. i. Sec. 8, Par. 6. 


442 


GOVERNMENT AND POLITICS 


and securities, but also passing them when made, or having 
them in possession with intent to pass them. The term also 
includes the counterfeiting or passing counterfeits of excise 
and postage stamps, stamped envelopes, postal cards, 
letters patent, postal money orders, custom-house certi¬ 
ficates, land-warrants; and also the coins, notes, and bonds 
of foreign governments. 

524 . Piracy. Congress is empowered to define and punish 

piracies and felonies on the high seas, and offenses against 
Meaning nations. Piracy as the word is used in 

In interna- international law denotes robbery or forcible depre¬ 
dations committed on the high seas. The jurisdic¬ 
tion of a country over the adjacent sea ordinarily extends 
to a line three miles beyond low-water niark; but the high 
seas or ocean lying outside this line form the highway of 
nations, subject to their common jurisdiction. Pirates may 
be lawfully captured on the ocean by the ships of any na¬ 
tion, and every country has jurisdiction to punish them, 
since they are regarded as the common enemies of mankind. 
The universal penalty for piracy is death. 

Since Congress has power to define piracy, it may enlarge 
the definition so as to include other crimes than piracy as 
Extension known to the law of nations. Accordingly, Con- 
oiterm gress has provided that certain other offenses 
shall be deemed piracy, such as the slave-trade, murder on 
the high seas, and acts of hostility against the United 
States or its citizens under color of a commission from a 
foreign state. 

525 . Offenses against the Law of Nations. Congress also 
has power to punish offenses against the law of nations. ‘ 
Instances of the exercise of this power are to be found in the 
neutrality laws which forbid the fitting-out of armed vessels, 
or the enlisting of troops within the United States for the 
use of a belligerent power. Another example is the law 

* International law, or the law of nations, is “a body of rules and precedents governing 
nations in their relations with one another, resting on the common consent of the ci^dlized 
world.” — Hinsdale, B. A., American Government, p. 05. 


MISCELLANEOUS POWERS 


443 


which prohibits the organization within the boundaries of 
the United States of armed expeditions against friendly 
nations. 

526 . Treason. Since treason aims at the very life of 
government, it has always been considered the most serious 
of crimes, and punished with the severest pen- common¬ 
alties. At the ancient common law, the definition treason 
of treason was left largely to judicial discretion; and as 
a result many offenses were included in the class of con¬ 
structive treason, subjecting those who committed them 
to the most barbarous punishment. Finally in the reign of 
Edward III, Parliament swept away the doctrine of con¬ 
structive treason by a statute declaring and defining all 
the different branches of treason. 

Similarly the framers of the constitution, in order to 
prevent legislative or judicial extension of the term, inserted 
in that instrument the definition of treason as con- 
sisting only in levying war against the United under the 
States, or adhering to its enemies, giving them aid 
and comfort. To constitute this crime, war must be actu¬ 
ally levied against the United States; a conspiracy to sub¬ 
vert the government by force, although criminal, is not 
treason.^ As an additional safeguard to a person accused 
of treason, the constitution declares that there shall be no 
conviction except on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

Death in the most terrible form was the common-law 
punishment for treason, besides corruption of blood and 
forfeiture of the estate of the offender. Corruption 
of blood meant the destruction of all inheritable 
qualities in the person, so that he could not succeed as 
heir to any lands, nor could others inherit property from 


* “On the contrary, if war be actually levied, that is, if a body of men be actually as¬ 
sembled for the purpose of efiFecting by force a treasonable purpose, all who perform any 
part, however minute, or however remote from the scene of action, and who are actually 
leagued in the general conspiracy, are traitors. And one is adherent to the enemies of the 
country, and giving them aid and comfort, when he supplies them with intelligence, furnishes 
them with provisions or arms, treacherously surrenders to them a fortress, and the like.” — 
Ex parte Bollman, 4 Cranch, 75. 


444 


GOVERNMENT AND POLITICS 


or through him. His estate was permanently forfeited 
to the crown. These severe punishments were prohibited 
by the constitution, which provides that no attainder 
(conviction) of treason shall work corruption of blood; 
while forfeiture of estate is permitted only during the 
lifetime of the person convicted. The penalty for treason 
under existing laws is death; or at the discretion of the court, 
imprisonment for five years at hard labor, with a fine of not 
less than $10,000, and perpetual disqualification for oflfice 
under the United States. 

GENERAL REFERENCES 

Andrews, Jas. D., American Law (1900), ch. xviii. 

Ashley, R. L., The American Federal State (1903), pp. 212-218, 270, 278, 
280, 309. 

Black, H. C., Constitutional Law (1897), pp. 207-219, 600-603. 

Cooley, Thos. M., Constitutional Law (1898), pp. 88-89, 94-97, 104. 

Hart, A. B., Actual Government (1903), pp. 16-21, 492-496, 578. 

James, J. A., and Sanford, A. H., Government in State and Nation (1903), 
pp. 222-232. 

McClain, E., Constitutional Law (1905), pp. 92-99, 173-181. 

Pomeroy, J. N., Constitutional Law (1888), secs. 385-407, 413-440. 

Story, Joseph, Commentaries on the Constitution (5th ed., 1905), secs. 
1102-1115, 1151-1167, 1295-1301. 

Tucker, J. R., The Constitution of the United States (1899), ii, pp. 558-565, 
572-573, 616-624. 

QUESTIONS AND EXERCISES 

1. Describe fully the Alien and Sedition laws. What were the political 
results of these measures? 

2. Should our present requirements for naturalization be increased? 
Give reasons. 

3. Can persons of all races become naturalized? 

4. How may an American citizen lose his citizenship? 

5. When the father of a family becomes naturalized, what is the status 
of his children of foreign birth? Of those born in the United States? 

6. Give arguments for and against a federal bankruptcy law. 

7. What recent change has been made in the term for which copyrights 
are granted? Why do foreign authors complain of our copyright law? 

8 . Name five of the greatest inventions patented by Americans. 

9. What arguments can you give for and against the establishment by 
federal law of the metric system of weights and measures? 

10. How may a trade-mark be protected? 

11. Give historical examples of treason against the United States. What 
punishment was imposed? 

12. Name several crimes against federal law. What court has jurisdiction 
over these offenses? 


CHAPTER XXXVI 


HISTORY AND ORGANIZATION OF POLITICAL PARTIES 

527. Importance of Political Parties. In the United 
States political parties are the great motive force by which 
the machinery of government is moved. Federal 

and State constitutions and statutes form the legal power of 
foundation of government; but even the provisions 
of the written constitution have been profoundly modified 
through the action of party organizations. In both legisla¬ 
tion and administration, the will of the people is generally 
expressed, however crudely, through the agency of political 
parties. Hence some knowledge of party history and or¬ 
ganization is essential to a clear understanding of our insti¬ 
tutions and government; for broadly speaking, it is by the 
parties that the business of government is conducted, and 
it is largely owing to their influence that our political in¬ 
stitutions have assumed their present form. 

528. Functions of Parties. Four principal functions are 
performed by parties in carrying on the work of government. 
(1) Parties afford a means of crystallizing and unifying 
public sentiment upon the questions of the day. ^ The men 
united in a party are usually in substantial agreement upon 
certain policies, and by the adoption of a party platform 
these principles are placed before the voters for approval 
or rejection. (2) Parties supply the [machinery [by which 
the great majority of elective officers are nominated, 
thereby enabling the party voter to cast his ballot for can¬ 
didates of his own political faith. (3) They are the agencies 
by which political campaigns are conducted, the manage- 

* “The true oflBce of the elaborate apparatus used to work up popular excitement over 
party issues is to energize the mass of citizenship into political activity.” — Ford, H. J., 
The Rite and Growth of American Politics, p. 305. 


446 


GOVERNMENT AND POLITICS 


ment of which is entrusted to various party committees. 
( 4 ) Parties provide an agency for the control of executive 
and legislative policies and agents.^ Under our system 
of distributing powers among the several departments of 
government, parties afford a valuable means of unifying 
and harmonizing the legislative and executive branches. If 
a party secures control of both these departments, it 
thereby becomes morally responsible for carrying out the 
policies outlined in its platform. Hence, although execu¬ 
tive and legislative officers possess independent powers 
under the constitution, they must work in harmony to 
carry out the policies of the political party to which they 
owe a common allegiance. 

529. Origin of Parties. The history of our political parties 

commences with the Constitutional Convention of 1787. The first 
The Constl- issue which led to the rise of parties was the question of 
tutlonal the formation and adoption of the federal constitution. 
Convention party, the Nationalists, later called the Federalists, 

favored a strong authority to which the States should be dis¬ 
tinctly subordinated. Another group, composed chiefly of dele¬ 
gates from the small States, maintained that the several common¬ 
wealths ought to retain all the important powers of government, 
the national government controlling only such matters as foreign 
relations and national defense. 

530. The Federalists (1788-1816). The Federalists came 
into power upon the ratification of the constitution, and remained 
Principles control of the government until 1801 .2 Their chief 

support came from the commercial classes of New 
England and the small Middle States, and from the wealthy and 
conservative class in general. In foreign affairs the Federalists 
favored Great Britain, viewing French republicanism with alarm 
and dread. Their party stood especially for three principles; 
first, a strong central government; second, a liberal construction 
of the constitution so as to extend as widely as possible the powers 
of the federal government; ® and third, rule by the leaders. 

* “The occasion for it (party organization) was the need of means of concentration so 
as to establish a control over the divided powers of government. Party machinery was de¬ 
vised under the stimulus of necessity and has been submitted to because there was no 
help for it.” — Ford, H. J., The Rise and Growth of American Politics, p. 297. 

* Although Washington was not a member of either party, he was by force of circum¬ 
stances as well as by natural inclinations practically in accord with the Federalists. 

* Hence the party is sometimes called a liberal or loose construction party. 


POLITICAL PARTIES 


447 


The aristocratic tendencies of the Federalist party foredoomed 
it to failure with the growth of the spirit of democracy. The enact¬ 
ment of the Alien and Sedition laws was a serious politi- 
cal blunder, and the party never regained control of the 
government after its defeat in 1800. With the close of the War of 
1812 (to which the Federalists had been bitterly opposed), that 
party disappears from our political history. 

531 . The Democratic-Republican Party ( 1788 - 1820 ). 

After unsuccessfully opposing the ratification of the constitution, 
the anti-federalists accepted the situation, but insisted Qyjgjjj 
that the terms of that instrument should be so construed 
as to forbid an extension of the powers of the federal govern¬ 
ment beyond those expressly granted. Soon this party became 
known as the “Republican” or “Democratic-Republican,” 
because of its sympathy with the Republican party in France. 
In earlier years it derived its main support from the South and the 
agricultural classes, as well as from the poorer class generally. 

Its main principles were first, a strict construction of the federal 
constitution, so as to restrict to a narrow field the powers of the 
national government; and second, rule by the common 
people, with especial care for the rights of individuals. ^ 

The Democratic-Republican party had continuous control of the 
government from 1801 until 1825; but the force of circumstances 
during these years compelled a considerable modification of its 
principle of opposition to the extension of federal power. When 
the Federalists were in power, such policies as the assumption of 
State debts, the establishment of a United States Bank, and the 
adoption of a system of indirect taxation were denounced by the 
Republicans as unwarrantable usurpations of power. But on 
gaining control of the national government, Jefferson and his fol¬ 
lowers did not hesitate to extend the domain of federal power. The 
Embargo Act and the annexation of Louisiana proved that what¬ 
ever their theoretical principles as a party of opposition, the Re¬ 
publicans would not hesitate to adopt a strong national policy 
when in power. 

532 . Reorganization of Parties ( 1820 - 1830 ). The reelec¬ 
tion of Monroe in 1820 by every electoral vote save one marked 
the obliteration of old party lines; and the following 

decade was a period of transition during which factions transition 
were opposed on personal and sectional grounds, rather 
than on account of party principles. Gradually about 1830 two 
great parties were again formed, one of which took the name of the 

* As pointed out by Bryce, the Republicans claimed to be the apostles of Liberty, while 
the FederaUsts represented the principle of Order. 


448 


GOVERNMENT AND POLITICS 


Democratic party, the other being known first as the National- 
Republican, and later as the Whig party. 

533. The Democratic Party (1830-1856). The new Demo¬ 
cratic party, organized under the leadership of Andrew Jackson, 
adopted the principles and traditions of the Jeffersonian 
^ Republicans. It was the champion of States’ rights 

and of a strict construction of the constitution; and hence it op¬ 
posed the United States Bank, likewise the protective tariff, and 
the policy of internal improvements carried on by the federal gov¬ 
ernment. 


534 . The National Republican or Whig Party ( 1830 - 
1856 ). Under the leadership of Clay and Webster, the Whigs 

adopted many of the views formerly held by the Feder- 
?oUciM alists, such as the encouragement of manufactures by a 
protective tariff, and the expenditure of public money 
for internal improvements. ^ Throughout most of its history the 
Whig party was one of opposition. Although it succeeded in elect¬ 
ing two Presidents, only once did it have both the Presidency and 
Congress within its control; and on that occasion the death of 
Harrison and the succession of Tyler (who was in fact a Democrat) 
prevented the adoption of Whig policies. The party was dis¬ 
credited by the Compromise of 1850, and became hopelessly di¬ 
vided upon the slavery issue. It received a crushing defeat at the 
presidential election of 1852, and in the same year the death of 
its great leaders. Clay and Webster, marked its final overthrow 

535. Second Reorganization of Parties (i852-i86o\ 

By 1850 slavery had become the one great political question in 
Disruption spite of the efforts of the parties to evade the issue, 
of Demo- During the next few years parties were reconstituted 
cratlc party question of the extension of slavery. By this 

time the Democratic party had passed under the control of the 
pro-slavery element. The presidential elections of 1852 and 1856 
resulted in the choice of Democratic candidates; but in the elec¬ 
tion of 1860 the party was divided upon the slavery issue, the 
Northern wing of the party nominating one candidate, and the 
Southern wing another. 

Meantime a new party organization had come into existence, 
formed out of various elements opposed to slavery — the aboli- 
Re uTalloan Whigs, the anti-slavery Democrats, the Liberty 

party party, and the Free Soilers. This was the Republican 

party, which, although unsuccessful in the election of 
1856, succeeded in electing Abraham Lincoln in 1860. The Re- 


* The Whigs, like the Federalist party, derived their chief support from New England and 
the small Middle States. 


POLITICAL PARTIES 


419 


publicans proclaimed as a fundamental principle the right and 
the duty of Congress to prohibit slavery in the territories, and 
the success of their party at the election of 1860 was soon fol¬ 
lowed by the secession of eleven slave States. 

536. Parties since i860. Although the great body of North¬ 
ern Democrats were stanchly loyal to the Union, their party was 
disrupted by the Civil War, the Republicans remaining 

in uninterrupted control of the government from 1860 ' 

to 1884.1 Until 1880 the parties were divided principally 
over issues arising from the Civil War, especially the question of 
reconstruction. From 1880 to 1892, the tariff question was the 
prominent issue, the Republicans favoring a protective tariff, 
and the Democrats a tariff for revenue only. From 1892 to 1900, 
the silver question was the all-absorbing issue, the Republicans 
favoring gold monometallism, the Democrats bimetallism at the 
ratio of 16 to 1 . Since 1898, the so-called policy of imperialism, 
as well as such subjects as the control of corporations, the estab¬ 
lishment of postal savings-banks, the taxation of incomes, the 
conservation of natural resources, and the revision of tariff rates 
have received considerable attention in party platforms. 

537. Minor Political Parties. Many minor or “third” 
parties have been formed from time to time in our history, and 
some of these'have had a considerable influence upon Historic 
political affairs. But as a rule voters have accepted the “third” 
two-party system, and it has been difficult to induce 

them to vote with a third party. Among the more important 
minor parties, all of which have long since ceased to exist, are the 
Anti-Masonic party of 1828-32, the Liberty party of 1840, the Free 
Soil party of 1848, the Know-Nothing or American party of 1854, 
the Liberal Republicans of 1872, and the Greenback party of 1876. 

Of the existing minor parties the oldest is the Prohibition party 
(founded in 1872), which aims to secure the suppres- Existing 
sion of the liquor traffic throughout the United States, minor 
Other important minor organizations are the Socialist- P®^®® 
Labor party, which has held national conventions since 1892, and 
advocates the adoption of a complete socialistic programme; the 
Socialist party, which was formed from a faction of the Socialist- 
Labor party, and advocates similar policies; and the People’s or 
Populist party, which was formed about 1892, advocating as its 
chief principle the free coinage of silver. Of the minor parties in 
existence since the Civil War, the People’s party alone has been 
successful in carrying the electoral vote of any State. 

* In 1884 and again in 1892 the Democrats were successful in electing their candidates, 
these being the only two Democratic administrations since the Civil War. 


450 


GOVERNMENT AND POLITICS 


538. Organization of Parties. The two chief instruments 

in the management of parties are the party convention and 

Conventions standing committee. Although it represents 

and party the supreme authority of the party, the conven- 
Gomiulttoos i_j jt- 

tion IS only a temporary body, and hence a more 

permanent agency is needed to carry on the everyday 
business of party management. Accordingly the conven¬ 
tion elects standing committees — national. State, and 
local — which manage party affairs until the assembling 
of the succeeding convention. Such matters as the nomina¬ 
tion of candidates and the formulation of party platforms 
are reserved for the convention itself; while to the several 
party committees are entrusted the calling of conventions, 
the management of campaigns, the organization of political 
clubs, and the general control of the party’s interests. 

At the head of the permanent party organization is the 
national committee, consisting of one member from each 
The national State and territory. This committee is chosen 
committee every four years at the national convention, each 
State and territorial delegation being entitled to one repre¬ 
sentative. The national committee may appoint a smaller 
executive committee, which carries on the presidential cam¬ 
paign under the direction of the national chairman. Other 
important functions of the national committee are the 
choice of a place of meeting for the ensuing national con¬ 
vention, and the selection of its temporary chairman.^ 

Independent of the national committee, but acting in 
harmony with that body, is the State central or State ex¬ 
state ecutive committee. This is composed of represent- 

committees atives from each congressional or State senatorial 
district, or of members chosen by the State convention, or 
elected by the several county conventions. The chief func¬ 
tions of the State committee are to fix the time and place 


* Another party committee national in character is the congressional committee, ap¬ 
pointed at a joint or separate caucus of the members of each party in the Senate and House. 
This committee includes members from each State and territory which has representatives 
in either house. Its special function is to cooperate with the local committees during con¬ 
gressional campaigns, its efforts being directed especially toward carrying doubtful districts. 


POLITICAL PARTIES 


451 


for the meeting of the State convention, to arrange the pre¬ 
liminary work of that body, to wage the party’s campaign 
in the State, and in general to advance the party’s interests. 

The local party committees include county, township, 
city, and sometimes even ward and precinct committees; 
and there is also a committee for each congres- Local 
sional district. Members of local committees are 
generally chosen either by the voters at a party primary, or 
by county or city conventions. The local committees issue 
the call for the party primary, and often determine the 
rules under which it is held. Hence they exercise important 
powers, since the local primaries form the basis of the entire 
nominating machinery. 

539 . The Party Machine. This hierarchy of committees 
is usually spoken of as the “machine” or “organization.” 
Much criticism is directed against the machine source oi 
because too frequently it goes beyond its legiti- 
mate functions of serving the party, and seeks to perpetu¬ 
ate its own power by dictating nominations, thus indirectly 
controlling a large number of elective and appointive of¬ 
ficers. In order to accomplish this result, the machine must 
control the primaries, since only in this way can delegates 
be elected who are favorable to the wishes of the organiza¬ 
tion. Hence local committees often make up a ticket or 
slate previous to the primary, and endeavor to secure the 
election of certain individuals as convention delegates. 
This usurpation of power is frequently successful, owing to 
the lack of interest taken by the ordinary voter in party 
management; and hence control of nominations and party 
policies is largely in the hands of committees which in theory 
are only the agencies for carrying out the will of the voters. 

Within recent years there has been a marked tendency 
for political organizations to pass under the control of a 
single person. Owing to his superior political 
skill and sagacity, some leader often wins the title 
of “Boss” by establishing himself as the chief controlling 


452 


GOVERNMENT AND POLITICS 


factor in local or even State party affairs. Large cities 
have commonly been the most favorable fields for the Boss 
and for machine control generally, because of the numerous 
offices and the frequent opportunities to secure illicit 
gain.^ Sometimes the sphere of the Boss is larger than 
the city, including the entire State. 

540 . Party Responsibility. The great problem in Ameri¬ 
can politics is to make the political party virtually as 
Unrepre- nominally responsible to its members, 

sentative Too often the political prerogatives of the ordin¬ 
ary citizen are confined to choosing between can¬ 
didates for office who have been nominated by the small 
group of politicians in control of each party. The right 
to choose between two candidates in whose nomination the 
voter has had nothing to say may be democratic govern¬ 
ment in form, but it is not in substance. Since the parties 
control the government, it is essential to representative 
rule that the parties themselves be effectually controlled 
by their members. 

Serious abuses on the part of the machine generally end 
in a revolt within the ranks of the party, many of whose 
Opposition members finally support opposing candidates as a 
to machine rebuke to machine methods, or else form an organ¬ 
ization within their own party with which to op¬ 
pose the machine. Direct nominations constitute the most 
promising means of checking excessive control by the party 
organization; but up to the present time no remedy has 
been devised which will entirely prevent the evils resulting 
from the tendency of party organizations to dominate rather 
than to serve their party. ^ 


i Bryce enumerates the following conditions as tending to give rise to rings and bosses: 
(1) the existence of a spoils system. (2) Opportunities for illicit gains arising out of the pos¬ 
session of office. (3) The presence of a mass of ignorant and pliable voters. (4) The insuf¬ 
ficient participation in politics of the good citizens. — Bryce, James, The American Com-- 
monwealth, ii, p. 120. 

* “The great need in American politics to-day is that young men of high ideals and re¬ 
solute purposes for good government should devote themselves to political activity, stand¬ 
ing up stoutly and constantly for honest government, high ideals in politics, and that act¬ 
ive participation in political life by which better government is brought to pass.” — Wood- 
burn, J. A., Political Parties and Party Problems in the United States, p. 803. 


POLITICAL PARTIES 


453 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxiii. 

Beard, C. A., American Government and Politics (1910) ch. vi. 

- Readings in American Government and Politics (1910), ch. vi. 

Bryce, James, The American Commonwealth (1907), ii, chs. liii-lvi, lix- 

LXV. 

Ford, H. J,, The Rise and Growth of American Politics (1898), chs. vii, 

XXIII-XXV. 

Fuller, Robert H., Government by the People (1908), ch. xi. 

Goodnow, F. J., Politics and Administration (1900), chs. ii, vi, viii-ix. 
Hart, A. B., Actual Government (1903), ch. v. 

Johnston, Alexander, History of American Politics (1902). 

Lodge, H. C., Historical and Political Essays (1892), pp. 198-213. 

Macy, J., Party Organization and Machinery (1904). 

- Political Parties in the United States (1900). 

Morse, A. D., History of Political Parties (1903). 

Ostrogorski, M., Democracy and the Organization of Political Parties (1902). 
Wilson, Woodrow, Constitutional Government in the United States (1908), 
ch. VIII. 

Woodbum, J. A., Political Parties and Party Problems in the United States 
(1909). 


QUESTIONS AND EXERCISES 

1 . Define a political party, and describe the functions which it performs. 

2 . Prepare a report upon the principles and leaders of the Federalist party. 

3. Describe the principles of Jefferson and the Democratic-Republican 
party. 

4. What were the political principles of the Whig party? 

5. Give an account of the rise of the present Republican party. 

6 . Describe the political parties and issues in the campaign of 1860. 

7. State which political party has generally favored and which one has 
opposed the following policies: (a) liberal construction of the federal 
constitution; (b) a protective tariff; (c) a national banldng system; 
(d) internal improvements by the federal government; (e) restriction 
or abolition of slavery; (f) severe measures in “reconstructing” the 
seceding States; (g) resumption of specie payments; (h) gold mono¬ 
metallism; (i) colonial expansion. 

8. WTio represents your State upon the national and congressional 
committees of each party? 

9. How many members compose the Democratic State committee in 
your commonwealth? The State committee of the Republican party? 
How are the members of each committee chosen? 

10 . Who are the members of your local party committees in your county, 
city, ward, and precinct? How are these chosen? 

11. Describe the work and powers of each of these committees with refer¬ 
ence to: (a) calls for party primaries and conventions; (b) filling va¬ 
cancies on the party ticket; (c) raising and expending campaign funds; 
(d) arranging political meetings; (e) canvassing voters, and “getting 
out the vote” on election day. 

12 . What do you understand by the party machine? The party boss? 
Name the chief party leaders in your community. 




GOVERNMENT AND POLITICS 


454 


13. Describe the work performed by the party machine. (Bryce, James, 
The American Commonwealth^ ii, pp. 90-96.) 

14. Describe some of the abuses of party organization and methods. 

15. What were the principal issues between the two parties at your last 
State election? Who were the leading candidates of each party? Re¬ 
sults of the election? 

15. Give the same facts with regard to your last municipal election. 

16. In the choice of local officers, which is of greater importance to the 
voter — that a candidate belongs to a particular party, or that he 
possess a high degree of honesty and ability? Should party politics 
have any part in local elections? 

17. Are members of your board of education chosen on a party ticket, or 
nominated by petition and chosen by ballots which contain no party 
emblems or names? Give arguments in favor of the latter method. 

18. Answer the same question with regard to candidates for the judiciary 
in your State. 

19. What are the arguments in favor of fewer elective offices and short 
ballots? (Kaye, P. L., Readings, pp. 384-391.) 

20 . In your State are candidates for office required to file a statement of 
their election expenses? What is the object of such a provision? 

21 . Report upon the methods of suppressing political corruption. (Kaye, 
P. L., Readings, pp. 513-525.) 

22. Is there a corrupt practices act in your State? If so, give its chief 
provisions. 


V 



( By courtesy of Collier's Weekly) 


THE COLISEUM, CHICAGO 

The meeting-place of the Republican National 
Convention, 1908. 



A rOLITICAL FARADE 
An effective campaign method. 



















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CHAPTER XXXVII 


NOMINATIONS AND ELECTIONS 


convention 


541. Methods of Nomination. Throughout the United 
States, candidates for office are commonly nominated either 
by the party primary or by a nominating con- 
vention. While other methods of nomination are and 
sometimes employed (such as nomination by 
petition), the primary and the convention are the two great 
agencies by which party nominations are made. 

542. The Party Primary. The primary, or primary elec¬ 
tion, is either a deliberative meeting or a virtual election 
held by the political partisans of a small area, such 

as a rural township, or a city ward or precinct. 

Generally, the primary performs a twofold function: (1) that 
of nominating candidates for local offices within its bound¬ 
aries; and (2) of electing delegates to conventions which 
nominate candidates from larger areas, such as the city, or 
county, or congressional district. 

Thus the primary is the foundation of the entire system 
of nominating machinery, since it directly nominates cer¬ 
tain local officers, and indirectly — through dele¬ 
gate conventions — nominates all others. Even 
the great national conventions proceed from the local pri¬ 
maries; for they are composed of members chosen by State 
or congressional district conventions, the delegates to which 
have been elected at local primaries. 

Recognizing the importance of party primaries in our 

system of popular rule, many States have passed 

laws which in effect make the primary a part of regulation of 

nil primaries 

the machinery of government. Such laws com- 


Importance 


456 


GOVERNMENT AND POLITICS 


monly prescribe the qualifications of those who may parti¬ 
cipate, the time and place of holding the primary, its organ¬ 
ization and general management. The object of such legis¬ 
lation is to secure to each party member his right to parti¬ 
cipate in the primaries and to have his vote fairly counted. 
In the absence of legal regulation, the primary is conducted 
in accordance with party rules and customs. 

543. Types of Primaries. In New England and several 
States elsewhere, the primary (or caucus) is virtually a 
Town-meet- town-meeting of the party voters. The call (is- 

sued by the local committee) requests the party 
members to assemble at a certain time and place for the 
purpose of nominating candidates for local offices, electing 
delegates to conventions, selecting local committees, and 
transacting other party business. This form of primary is 
adapted only to comparatively small districts, such as towns, 
wards, or thinly settled rural counties. 

The second type of primary (which prevails generally 
throughout the United States) is in fact an election, the 
Primary only important difference between it and the regu- 
oiecuon Ya,T election being that the primary is confined to 
the voters of a single political party. The polls are open as 
on election day, and the person receiving the highest num¬ 
ber of votes for any particular office is thereby nominated. 

544. Local Nominating Conventions. A nominating 
convention is a meeting of delegates who have been chosen 
County for the purpose of nominating candidates for cer- 
conventions offices, and transacting other party business, 
such as the appointment of committees and the adoption 
of a platform. Delegates to county conventions are ordin¬ 
arily chosen at primaries held in the various townships 
or wards. County conventions nominate the candidates 
for the various county offices, as the county commissioner, 
sheriff, treasurer, auditor, register of deeds, district attor¬ 
ney, and (in many commonwealths) the judges of the county 
courts. Frequently they also elect delegates to the State 


NOMINATIONS AND ELECTIONS 


457 


convention, and choose the members of the county com¬ 
mittee. 

In municipal elections, party lines are often drawn al¬ 
most as closely as in State or national elections, notwith¬ 
standing the non-political character of most local Municipal 
business. The municipal officers elected by popu- 
lar vote generally include the mayor, members of the coun¬ 
cil and school board, treasurer, city solicitor, and street 
commissioner. These officials are commonly nominated 
at municipal conventions composed of delegates chosen at 
party primaries in the various wards or election precincts 
of the city. ^ 

545. Judicial and District Conventions. For the election 
of judges of the county courts, the State is generally Judicial 
divided into districts which include several counties; aomluatlons 
and candidates for these judgeships are ordinarily nominated in 
judicial conventions within each district. 

For the choice of members of the legislature, many States are 
divided into senatorial and also into smaller representative or 
assembly districts; and legislative candidates are nom¬ 
inated by conventions composed of delegates chosen at nomtuations 
primaries in the townships or wards within the dis¬ 
trict. In other commonwealths, the county is taken as the basis 
of apportionment in one or both houses — each county being en¬ 
titled to a certain number of senators or representatives; and in 
these States candidates for the legislature are generally nominated 
by the county convention. 

546. State Nominating Conventions. The State con¬ 
vention ordinarily consists of several hundred delegates 
chosen by party voters either directly at the OMicers 
primaries, or indirectly through county or district Jy stafe*^ 
conventions. The State convention nominates conventions 
the officers elected by the people of the State at large, in¬ 
cluding the governor, lieutenant-governor, secretary of State, 
treasurer, and in most commonwealths, an auditor, attor- 

1 But in many cities the candidates for municipal oflSce are chosen directly at the prim¬ 
aries, each party voter casting his ballot for the candidates of his choice, those receiving 
a plurality becoming the party nominees. Nomination by petition is also permitted in many 
cities, especially for members of the board of education. 


458 


GOVERNMENT AND POLITICS 


Tbocall 


ney-general, superintendent of public instruction. State 
engineer, surveyor, and judges of the supreme court. 

The call for a State convention is issued by the State 
central committee of the party, and a copy is sent to the 
chairman of each local committee. The call sets 
forth the time and place of the convention, and the 
number of delegates to which each city, township, or county 
is entitled. Generally, representation of the different coun¬ 
ties or municipalities is based (at least in part) upon the 
vote cast for the party candidates at the last State or na¬ 
tional election; and thus the localities which cast a large 
party vote are rewarded by increased representation and 
influence in the State convention. 

On the appointed day, the convention is called to order 
by the chairman of the State committee, who requests the 
Organ- secretary of that committee to read the call. Pro- 

izaUon ceedings are then formally opened with prayer, 

after which motions are usually carried for the appoint¬ 
ment by the chair of a committee on credentials, a com¬ 
mittee on permanent organization, and a committee on 
resolutions. In some cases a temporary chairman and sec¬ 
retary are chosen, but frequently the chairman and secre¬ 
tary of the State committee serve as temporary oflScers 
until the report of the committee on permanent organiza¬ 
tion. The permanent officers of the convention include a 
president, secretary, assistant secretaries, sergeant-at-arms, 
and numerous vice-presidents. The president of the con¬ 
vention is generally a prominent party leader, and upon 
taking the chair he delivers a “keynote” speech upon the 
issues of the campaign. 

Then follows the report of the committee on credentials, 
containing a statement of the number of delegates present. 
Credentials and rendering a decision concerning contested 
andpiatiorm platform is next read by the chairman 

of the committee on resolutions, and is ordinarily accepted 
without amendment. 


NOMINATIONS AND ELECTIONS 


459 


The convention then takes up its most important work — 
the nomination of candidates. The chair appoints a com¬ 
mittee of tellers to take charge of the balloting, warning the 
whereupon nominations for the office of governor 
are declared in order. ^ After the nominating speeches have 
been made, the balloting commences. When a candidate 
receives the number required for a choice, generally a ma¬ 
jority of all votes cast, it is customary for one of the sup¬ 
porters of a defeated rival to move that his nomination be 
made unanimous. This motion commonly prevails, and 
the convention then proceeds with the nomination of candi¬ 
dates for other State offices. During the intervals between 
the ballots, short speeches are often made by prominent 
party leaders in response to an invitation from the chairman. 
Toward the close of the proceedings, all the nominees are 
sometimes escorted to the platform by a committee ap¬ 
pointed for that purpose; and upon presentation by the 
chairman, each candidate in turn responds in a short speech. 

State conventions ordinarily select the members of the 
State committee to serve until the next conven- other 
tion, and in presidential years nominate the four 
delegates at large to the national convention. 

547 . Presidential Nominating Systems. Three methods 
of nominating candidates for the Presidency have prevailed 
in the United States: ( 1 ) by congressional caucus, or 
meeting of the party members of the two houses of Congress 
(1800-1824); ( 2 ) by State legislatures, acting either in an 
official capacity or as a legislative caucus (1824-1832); (3) by 
national nominating conventions, composed of delegates 
chosen for the special purpose of nominating presidential 
candidates (1832 to the present time). 

548 . The Call of National Conventions. Each political 

t The entire proceedings of the convention np to this point, including the choice of per¬ 
manent oflBcers and of mennbers of the several committees, are commonly prearranged by 
the State committee. The advantage of this prearrangement is that it materially shortens 
the time necessary for the preliminary work of the convention; its great disadvantage is 
that State committees sometimes abuse their power, and control not only the routine work 
of the convention, but the nominations as well. 


460 


GOVERNMENT AND POLITICS 


party holds its national nominating convention in the 
Representa- summer of the year in which the presidential elec- 
tion occurs. The call is issued by the national 
party committee, which body determines the time and place 
for the convention. The call specifies the number of dele¬ 
gates to which each State is entitled, and how they shall be 
elected. The present practice of both Republican and De¬ 
mocratic parties allows each State twice as many delegates 
as it has electoral votes, representation also being accorded 
each territory. 

549. The Delegates. A copy of the official call is sent to 

each State party committee, whereupon that committee 

calls a State convention for the purpose of nomin- 
Selectlon , 

ating the four delegates at large from each State. 
The State committee also notifies the local committees in 
the different congressional districts throughout the com¬ 
monwealth, and these call congressional district conven¬ 
tions to choose the two delegates to which each district is 
entitled. ^ Delegates to both district and State conventions 
are chosen at local party primaries. 

Long before the meeting of the convention, the names 
of various prominent men are suggested for the Presidency. 
Instruction Friends of the leading candidates organize in each 
oi delegates commonwealth, and endeavor to influence State 
and district conventions to instruct delegates in favor of 
the candidate of their choice. Estimates are given out 
from time to time of the comparative strength of the several 
candidates, and the contest for delegates continues until 
all have been chosen. As a rule it is impossible to foretell 
with certainty who will be the actual nominee of the con¬ 
vention, since many State delegations are unpledged, 
while others are instructed in favor of local candidates who 

* This is the usual, but not the invariable method. In New York and several other com¬ 
monwealths, the Democratic State convention chooses the entire State delegation. The 
Republican party, on the other hand, requires that each congressional district elect its 
delegate to the national convention in the same way that nominations for Congress are made 
in the district. Thus Democratic practice emphasizes the State as a unit in party organ¬ 
ization, while the Republican rule emphasizes the importance of the congressional district. 


NOMINATIONS AND ELECTIONS 


461 


are unlikely to receive general support. After all the dele¬ 
gates have been chosen, the convention city itself becomes 
the seat of war. The supporters of the leading candidates 
are early in the field, opening their headquarters in the 
prominent hotels; and they endeavor by all possible polit¬ 
ical devices to win the support of the delegates. 

550. Procedure in National Conventions. It has become 
customary to hold the national conventions of the two great 
parties in immense auditoriums so as to accommodate 
ten or fifteen thousand spectators, in addition to nearly ^ ° 
two thousand delegates and alternates. Local preparations are 
in charge of a committee of citizens of the convention city. 

Toward noon on the day appointed in the official call, the con¬ 
vention is called to order by the chairman of the national com¬ 
mittee. The proceedings are opened with prayer. The 
call is then read, after which the national committee JrgSlzatJn 
reports a list of the temporary officers of the convention, 
consisting of a temporary chairman, secretary, clerks, sergeants-at- 
arms, and stenographers. This list is generally accepted by the 
convention without contest, whereupon the chairman of the na¬ 
tional committee yields his place to the temporary chairman, who 
usually addresses the convention in a formal speech on the polit¬ 
ical situation. 

A resolution is next adopted that the convention be governed 
by the rules of the preceding convention until otherwise ordered. 
Motions are made and carried for the appointment of Appolnt- 
a committee on credentials, one on permanent organ- ment ol 
ization, one on rules, and a committee on resolutions, 
each consisting of one member from each State and territory. 
Resolutions concerning contested seats are now presented to the 
convention, and referred without debate to the committee on 
credentials. The appointment of these committees ends the 
important business of the first session. 

When the convention assembles for the second session, the first 
business in regular order is the report of the committee 
on credentials. In deciding cases of contested seats, the J5.e5entlals 
committee on credentials gives each side an opportun¬ 
ity to present its claims, and then decides between them — gener¬ 
ally in favor of the regular delegates (that is, those indorsed by 
the State and district committees). In case of two full contesting 
delegations from the same State, seats are sometimes given to both 
sets, each delegate being entitled to one half a vote. After the 


462 


GOVERNMENT AND POLITICS 


Permanent 

organization 


Rules 


credentials committee has arrived at a decision concerning con¬ 
tested seats, its report, including a list (arranged by States) of all 
delegates entitled to seats, is generally accepted by the conven¬ 
tion with little debate.^ 

The next business in order is the report of the committee on 
permanent organization, which consists of a list of the permanent 
oflBcers of the convention, previously arranged to some 
extent by the national committee. This report is ordin¬ 
arily adopted as a matter of course, and a committee 
is appointed to escort the permanent chairman to the platform. 
On taking the chair, the permanent chairman delivers a “keynote” 
speech on the issues of the approaching campaign. 

The committee on rules then reports the order of business for 
the convention to follow, and its rules of procedure. Two rules 
of great importance are peculiar to Democratic conven¬ 
tions. The first of these is the rule requiring for the 
nomination of candidates two thirds of the whole number of votes 
in the convention. The second is the so-called unit rule, under 
which a majority of each State delegation is allowed to cast the 
entire vote to which the State is entitled, even against the protest 
of a minority of the delegation.^ 

While awaiting the report of the committee on resolutions, the 
Mlscel- convention disposes of miscellaneous business, such as 
laneous the election of national committees, and of the commit- 
tuslness notification. These committees ordinarily con¬ 

sist of one delegate from each State and territory, the members 
being designated by the respective delegations. 

About the third day, the committee on resolutions is ready to 
report the platform. This is a formal statement of the party’s 
attitude upjon the public questions of the day, and next 
to the nomination of candidates, is the most important 
part of the convention’s work. The platform is usually adopted 
as read, although it sometimes occasions an exciting contest.® 

551. The Nomination of Candidates. Nominating pro- 

* In some instances the committee’s report is the occasion of vigorous discussion and an 
exciting contest, as at the Republican convention of 1880 , whose debate upon contested 
seats occupies one hundred pages in the published proceedings. 

* The unit rule was abandoned by the Republican party in 1880 .^ 

* “Great art is employed in framing platforms so as to be susceptible to various inter¬ 
pretations. Concerning issues which are settled, party speaks in a clear, sonorous voice. 
But on new issues it mumbles and quibbles. ... If the issue cannot be dodged, straddling 
may be resorted to. Declarations really incongruous in their nature are coupled, and their 
inconsistency is cloaked by rhetorical artifice. Sometimes such expedients are employed 
as making the platform lean one way and putting on It a candidate who leans the other way, 
or candidates representing opposing ideas and tendencies are put upon the same ticket.” — 
Ford, H. J., The Rise and Growth 0 / American Politics, pp. 330-331. 


Platlom 


NOMINATIONS AND ELECTIONS 


463 


ceedings are next in order, and these begin with the roll-call of 
States (arranged alphabetically) for the presentation 
of candidates for the presidential nomination. Eight SminSons 
or ten candidates are often nominated, since a State 
delegation frequently thus compliments some favorite son who 
has very little chance of securing general support. The delegation 
from any State when called in its turn may pass its right of nom¬ 
ination to any other delegation not yet called. Delegations which 
have no candidate of their own often second one of the nomina¬ 
tions already made. The presentation of names affords the oppor¬ 
tunity for long-continued applause, which supposedly indicates 
the popularity of the respective candidates. 

After the roll-call for nominations is completed, the convention 
proceeds to the first ballot. As the name of each State is called 
by the convention secretary, the chairman of the dele- 
gation arises and announces the vote of his State. ^ Oc¬ 
casionally a candidate is nominated by acclamation, but often 
many ballots are necessary to decide the contest. If none of the 
chief candidates is successful on the first few ballots, it sometimes 
happens that a “dark horse’* (a comparatively obscure man) 
finally receives the nomination.^ As soon as any candidate receives 
the number of votes necessary for a choice, it is customary for 
the supporters of the next highest candidate to move that the 
nomination be made unanimous, this motion being adopted amid 
wild enthusiasm. 

After the pandemonium has subsided — sometimes after a re¬ 
cess, the convention proceeds in the same manner to nominate 
a candidate for the Vice-Presidency. This nomination Nominating 
seldom receives the careful consideration it deserves, aVlco- 
and it is often given to a man in the hope that he may 
be able to carry a doubtful State, or in order to placate a faction 
in the party which has been opposed to the presidential nominee. 

As soon as the candidates for President and Vice-President 
have been named, a motion is carried authorizing the national 
committee to fix the time and place of the next presi- 
dential convention. Provision is made for printing the proceedings 
proceedings, and resolutions of thanks are voted to the 
citizens of the city and to the various convention oflScers. The 
convention then adjourns sine die, and the campaign begins.® 

1 In Republican conventions, if a member of any delegation questions the vote as re¬ 
ported by the chairman, the roll of that delegation is called by the convention secretary. 

* Notable instances are the nominations of Polk, Taylor, Pierce, Hayes, Garfield, and 
Benjamin Harrison. 

• After the convention has adjourned, the committee on notification visits the nominee 


464 


GOVERNMENT AND POLITICS 


552. Presidential Electors. Candidates for the two elect¬ 
ors at large to which each State is entitled are nominated at the 

convention held for the nomination of State officers; or 
nominaUon officers to be nominated, by a State 

convention called expressly for this purpose. Gener¬ 
ally the candidate for elector in each congressional district is 
nominated at the congressional district convention; but in some 
commonwealths a complete electoral ticket for the entire State 
is nominated by the State convention. Distinguished members 
of the party who have never held national office are frequently 
nominated for the office of elector. As already pointed out, the 
presidential electors exercise no discretion in casting their votes, 
but simply register the choice of the national nominating con¬ 
vention. 

553. Direct Primary System. Although the convention 
method of nominating candidates is the one in general use 
y-umtnatinti thfoughout the Union, it has been superseded in 
oioonven- many States by a “ direct primary ” system. This 

plan abolishes the convention entirely by provid¬ 
ing that voters at party primaries shall cast their ballots 
directly for their party’s candidates — those individuals 
being nominated who receive a plurality of all votes cast. 
The great merit of this plan is that it eliminates the abuses 
of the convention system, especially machine control, and 
makes the party really responsible to its members. ^ 

At first used only for local offices, direct primaries have 
grown in favor until now, in addition to local candidates, 
Prevalence State officers and United States Senators are often 
oi system nominated in this manner. Oregon and Wisconsin 
took the lead in adopting the new plan, and their example 
has since been followed by Florida, Georgia, Iowa, Illinois, 

at his home, and the chairman in a brief 8i>eech notifies him of the nomination. The candi¬ 
date replies informally, accepting the honor; and later sends out a carefully written letter 
of acceptance, which is published and widely circulated as a campaign document. 

1 “The demand for the primary election has come from the feeling that the delegate 
convention has become corrupt; that the convention is manipulated by rings of professional 
politicians and oflBce-holders; that “deals” are made and delegates are bought and sold; 
that a mere handful of men determine the action of the convention, and that the rank and 
file of the party, who cannot make politics their business and who will not indulge in dis¬ 
honorable practices, cannot make their influence felt. ” — Woodburn, J. A., Political Par^ 
ties and Party Problems, p. 283. 


465 


NOMINATIONS AND ELECTIONS 

Kansas, Michigan, Missouri, Nebraska, New Jersey, Okla¬ 
homa, South Dakota, Tennessee, Texas, Washington, and 
several other commonwealths. Thus nearly one third of 
the States now employ direct primaries, and the extension 
of the system appears probable. 

554* Nomination by Petition. Another method which 
likewise does away with the convention is that of nomina¬ 
tion by petition, or by nomination papers. This character- 
plan is employed in Great Britain, and is a char- 
acteristic feature of the original form of the Australian 
system. In this country it has been used especially for the 
nomination of members of boards of education, and other 
non-partisan candidates. Under this plan, a candidate 
may be nominated by filing with the election oflicers a 
petition, signed by the requisite number of voters, who are 
usually required to pledge that they will support the can¬ 
didate named in the petition. The great merit of nomina¬ 
tion by petition is that it protects the independent voter 
who cannot participate in party nominations. Moreover, 
this method makes it possible to oppose objectionable 
nominees by placing before the voters deserving candidates 
independently nominated. 

555 . Elections. National elections are held on the first 
Tuesday after the first Monday in November. The presi¬ 
dential election occurs every four years counting 
from 1900, while elections for Representatives are 
held biennially in even-numbered years. Shortly after the 
Civil War, acts were passed providing for a large degree of 
federal control of national elections; but this legislation 
has since been repealed, so that at the present time the 
several commonwealths have entire charge of national, as 
well as of State and local elections. 

In most commonwealths, the governor and other State 

oflScers are chosen on the first Tuesday after the ^ 

state 

first Monday in November of the even-numbered 
years, the State election thus being held on the same day 


466 


GOVERNMENT AND POLITICS 


Local 


as the national election. ^ Economy of time, effort, and money 
is secured by having the election of State and federal 
officers on a single day; but the drawback to this plan is 
that State issues are likely to be subordinated to national 
questions. 

In several commonwealths an effort has been made to 
separate local from State and national elections by hold¬ 
ing the local elections at a special time, usually in 
the spring, or else biennially in the odd-numbered 
years. The object of this separation is to have local ques¬ 
tions decided upon their merits apart from other issues. 

556. Qualifications for Voting. Under our form of gov¬ 
ernment, the regulation of the voting privilege is left en- 
Roguiation tirely to the States, so long as they do not restrict 
by state right to vote on account of race, color, or pre¬ 

vious condition of servitude.^ In most commonwealths 
there are few restrictions upon the suffrage, the general rule 
being that all male citizens may vote if they have attained 
the age of twenty-one, and have resided in the State for 
a period varying from six months to two years — one year 
being the common requirement. In eleven commonwealths, 
even aliens are permitted to vote, providing they have 
declared their intention of becoming citizens.® 

Criminals, the insane, paupers in institutions, and In¬ 
dians not taxed are excluded from the suffrage in practi- 
Giasses cally all of the States. In addition to these ob- 
exciuded viously necessary disqualifications, about twenty 
commonwealths have placed further restrictions upon the 
suffrage. Thirteen States,^ nearly all in the South or in New 
England, prescribe some form of educational test, either 
ability to read, or to read and write the English language. 


1 State elections are held on a different day from national elections in seven States, 
namely: Arkansas, Georgia, Louisiana, Maine, Oregon, South Carolina, and Vermont. 

* Constitution, fifteenth amendment. Congress has of course power to regulate the suf¬ 
frage in the territories and in the District of Columbia. 

* Alabama, Arkansas, Indiana, Kansas, Michigan, Missouri, Nebraska, Oregon, South 
Dakota, Texas, and Wisconsin. 

* Alabama, California, Connecticut, Delaware, Louisiana, Maine, Massachusetts, Mis¬ 
sissippi, New Hampshire, North Carolina, South Carolina, Washington, and Wyoming. 


NOMINATIONS AND ELECTIONS 


467 


Several commonwealths, including Arkansas, South Caro¬ 
lina, Tennessee, and Virginia, require payment of a poll- 
tax as a prerequisite to voting. In several Western States 
the suffrage is withheld from the Chinese or persons of the 
Mongolian race; ^ and in Idaho and Utah, from polygam¬ 
ists. As a general rule persons entitled to vote may also 
hold office, provided they are of a certain prescribed age, 
and have lived in the State the requisite period. 

557 . Woman’s Suffrage. Five States, Colorado, Idaho, 
Utah, Washington, and Wyoming, permit women to vote 
on equal terms with men. Twenty-one commonwealths 
permit women to vote at school elections upon the same 
conditions as men.^ Montana allows women taxpayers to 
vote upon all questions submitted to the taxpayers, Iowa 
upon the issue of municipal bonds, and New York at town 
or village elections creating a tax or liability. The present 
tendency in the United States, and generally throughout 
the world, appears to be to allow women to vote on equal 
terms with men. 

558 . Election Districts and Registration. Two prelim¬ 
inaries are necessary before elections are held — districting 
and re^stration. Districting means dividing the 

civil divisions (counties and townships) of the 
State into small election districts or precincts containing 
as nearly as possible an equal number of voters; for ex¬ 
ample, the laws of New York State provide that there shall 
be five hundred voters in each election district. 

Each of these small subdivisions has a polling-place 

where voters are commonly required to register their names 

before the election, and where the ballots are cast__ 

Registration 

on election day. The object of a preliminary regis¬ 
tration is to identify individuals in communities where the 
residents are not personally known to one another; and to 

* Congress has also passed laws expressly excluding the Chinese from citizenship. 

» These are Connecticut, Illinois, Kansas, Kentucky, Louisiana, Massachusetts, Michi¬ 
gan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North 
Dakota, Ohio, Oklahoma, Oregon, South Dakota, Vermont, Washington, and Wisconsin. 


468 


GOVERNMENT AND POLITICS 


settle beforehand, if possible, any question as to a man’s 
right to vote. Frequent registration is seldom required in 
rural districts where the voters are well acquainted with 
each other, while in the cities annual personal registration 
is generally necessary to prevent fraud. A voter registers by 
giving his name, place of residence, age, length of residence 
in the State, county, and election district, information con¬ 
cerning his nativity, and other material facts serving 
to establish his identity. Registration is often in charge 
of a board on which both great parties are equally repre¬ 
sented. 

559. The Conduct of Elections. In addition to the reg¬ 
istration of voters, a large amount of other preliminary 
PreUminary work must be performed prior to election day. 
work Nominations must be duly certified to the oflBcers 
charged with the duty of printing the official ballots; poll¬ 
ing-places must be designated and provided with ballots; 
and election officers appointed. 

In the cities, general administration of the election laws 
is often in charge of an election board on which the two 
Holdingtko great parties are equally represented; elsewhere 
elections these duties are entrusted to an election commis¬ 
sioner, or to the county or township clerk. Each polling- 
place is in charge of a certain number of inspectors or 
judges, aided by clerks, whose duty it is to open and close 
the polls, to permit only registered persons to vote, to re¬ 
ceive and deposit the ballots, to count the votes, and to 
certify the returns to the proper officials (the board of 
elections or a similar authority). Each party is permitted 
to have “watchers” at every polling-place, who witness 
the casting and counting of the ballots, and challenge any 
person whom they believe not qualified to vote. 

Every precaution is taken to secure a free and honest 
Election expression of the will of the voters. In many 
saiegnards States, electioneering is forbidden within a cer¬ 
tain distance (often one hundred feet) of the polling-places; 



STATE ELECTION 

1910 


Tuesday, November 8 


OFFICIAL BALLOT 


CHATHAM 

Secretary of the Cmnmonwealth» 


The Official Ballot for the State election in Massachusetts is printed on paper 
measuring, usually, about 14 by 10 inches. This is folded the long way, and has 
the date of the election, the name of the city or town, etc. (as above) printed on 
the first outside page. On the inside pages are arranged in columns the names 
and residences or the various candidates, with their party designations. For a 
facsimile of a portion of such a ballot, refer to the next page; in addition to the 
candidates shown, this particular ballot contained others for the following State 
offices: auditor, attorney-general, councilor, senator, representative; and for 
county commissioner, and county treasurer. 









To TOte for a Person, mark a Cross X in the Square at "y 
the right of the Party Name, or Political Designation* xV 


GOVERNOR.Mark ONE. 

- —of . .Bepublican 

- - of. .Prohibition 

- -of. .Socialist Labor 

- -of. .Democratic 

- -of. .Socialist 


LIEUTENANT GOVERNOR.Mark ONE. 

- ■ of. .Democratic 

- -of. .Bepublican 

. . — of. .Socialist 

- -of. .Prohibition 

- -of. .Socialist Labor 


SECRETARY.Mark ONE. 

- - of. .Democratic 

- -of. .Socialist 

- - of . .Socialist Labor 

- -of. .Prohibition 

- - of. .Eepublican 


TREASURER.Mark ONE. 

- — of. ..Democratic 

- -of. .Socialist 

- -of. .Socialist Labor 

- -of. .Prohibition 

- - of. .Eepublican 





































































































NOMINATIONS AND ELECTIONS 


471 


watchers and challengers are permitted each party during 
the casting and counting of ballots; election officers are 
sworn not to attempt to influence any voter in casting 
his ballot; precautions are taken against “repeating,” 
and against “stuffing” the ballot-box; identification of his 
ballot by any voter is prohibited; ^ candidates for office are 
sometimes required to file sworn statements of the amount 
expended by them or in their behalf for election purposes; 
and severe penalties are provided against bribery or intim¬ 
idation of voters. 

560. Casting and counting the Ballots. Throughout the 
Union, voting is by ballot, the polls being open during day¬ 
light, commonly from six a. m. to six p. m. All the Australian 
States except five have adopted the Australian bal- 
lot in modified form.^ This system provides for the exclus¬ 
ive use of an official ballot upon which the names of all 
candidates are printed (generally in parallel columns under¬ 
neath the party names and emblems).^ The voter receives 
one of these ballots from the election officials, and prepares 
it while alone in a httle booth. He may vote a straight 
ticket by placing a cross-mark in the circle at the head 
of the party column, or a split or mixed ticket by placing 
a cross-mark opposite the name of each candidate for 
whom he wishes to vote. He then folds his ballot, and hands 
it to an election officer, who, in the presence of the other 
officers and of the voter, deposits it in the ballot-box. 

As soon as the polls close, the ballots are counted, and 
the results certified to the proper county or city Election 
officers, who canvass the returns for the entire 
county or city, and issue certificates of election to the suc- 

* In order to prevent him from selling his vote, and then distinguishing his ballot by 
tearing or marking it in such a way that the purchasers may know that he lias kept his 
agreement. 

* In ten commonwealths voting machines are used to a limited extent. 

* Another form known as the “Massachusetts” ballot is used in eleven States. This 
omits the party emblem entirely, the names of the candidates being arranged in alphabet¬ 
ical order under the title of each office, followed by the name of the party; and the voter 
must have sufficient intelligence to read the ballot and select the candidates for whom he 
wishes to vote. Other States have a different plan, and print a separate ballot for each 
party or group of voters that has nominated candidates. 


472 


GOVERNMENT AND POLITICS 


cessful candidates. When State officers, presidential elect¬ 
ors, or congressmen are voted for, the county authorities 
certify the result in their respective counties to State 
officers, who canvass the returns and issue the election 
certificates. 

In most commonwealths a plurality only is necessary to 
an election; that is, a number of votes in excess of those 
Choice by received by any other candidate. A few New Eng- 
piurauty States require a majority of all votes cast, 

and where there are more than two candidates, this some¬ 
times neeessitates a second election. For the adoption of 
constitutional amendments a majority of all votes cast at 
the election is generally required. 


GENERAL REFERENCES 

Ashley, R. L., The American Federal State (1903), ch. xxii. 

Beard, C. A., American Government and Politics (1910), chs. vii, xxx. 

- Readings in American Government and Politics (1910), ch. vii. 

Bishop, J. B., Our Political Drama: Conventions^ Campaigns, Candidates 
(1904). 

Bryce, James, The American Commonwealth (1907), n, chs. lxvi, lxix- 

LXXIII. 

Cleveland, F. A., The Growth of Democracy (1898), ch. xii. 

Dallinger, F. W., Nominations for Elective Office (1897). 

Ford, H. J., The Rise and Growth of American Politics (1898), ch. xvi. 
Foster, R., Commentaries on the Constitution of the United States (1895), 
pars. 50-59. 

Fuller, Robert H., Government hy the People (1908). 

Giddings, F. H., Democracy and Empire (1900), ch. xv. 

Goodnow, F. J., City Government in the United States (1904), ch. vi. 

Hart, A. B., Actual Government (1903), ch. iv. 

Merriam, C. E., Primary Elections (1908). 

Meyer, E. C., Nominating Systems: Direct Primaries vs. Conventions in the 
United States (1902). 

Reinsch, P. S., Readings on the American Federal Government (1909), ch. 

XVI. 

Schouler, James, Constihdional Studies (1904), pp. 231-249. 

Stanwood, Edward, A History of the Presidency (1898). 

Woodbum, J. A., Political Parties and Party Problems in the United States 
(1909), chs. X, XII, XX. 



NOMINATIONS AND ELECTIONS 


473 


QUESTIONS AND EXERCISES 

1 . Distinguish between an inhabitant, a citizen, and a voter. 

2 . Are all citizens voters? In your State must a voter be a citizen? 

3. What are the qualifications for voters in your State? Are these deter¬ 
mined by your State constitution or by statute? What classes of in¬ 
dividuals are expressly disqualified, and why? 

4. What provisions of the federal constitution control the right of your 
State to determine the qualifications for voters? 

5. Examine the report of the last census and ascertain the total number 
of citizens and the number of voters in your city or county. How many 
votes are usually cast in your city and county elections? 

6 . In the last State election how many votes were cast in your county 
for governor? What number of voters failed to exercise the right of 
suffrage? Should there be a property qualification for voters? An 
educational qualification? 

7. Give the chief arguments for and against woman’s suffrage, 

8 . On an outline map of your State, mark with different colors the several 
election districts in which you live: the precinct, ward, county. State 
representative and senatorial districts, and the congressional district. 

9. Is registration required in your State? In all communities, or in cities 
of a certain size? What are the advantages of registration? 

10. Is the system of registration annual as in New York, or permanent 
as in Massachusetts? Describe the process of registration in your 
community. 

11 . How is your local board of registration chosen? Of how many members 
composed? 

12 . Give the time of holding local. State, and national elections in your 
commonwealth. What are the reasons for holding these at the same 
or different times? 

13. State the advantages and disadvantages of frequent elections. 

14. Which form of the Australian ballot is used in your State? 

15. Where is the polling-place in your precinct? How many votes were 
cast there at the last election? During what hours were the polls open? 

16. What body canvasses the vote in your city or county? 

17. In your State what candidates are nominated by conventions? By di¬ 
rect primaries? By petition? What are the advantages of each method? 

18. What are the functions of the local party primary in your community? 
What are the tests of party allegiance? 

19. Why is it important that party primaries be regulated by law? 

20. Describe the last State convention held by one of the political parties 
in your State, and compare its procedure with that described in Sec¬ 
tion 546. 

21. Prepare a report upon the national convention of each of the great 
political parties. (Reinsch, P. S., Readings, pp. 826-845.) 

22 . Suggested readings on political rights and duties: Kaye, P. L., Read¬ 
ings, pp. 111-128. 





APPENDIX A 

THE CONSTITUTION OF THE UNITED STATES 


Preamble 

We, the people of the United States, in order to form a more per¬ 
fect union, establish justice, insure domestic tranquillity, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States of America. 


Article I. Legislative Department 
Section I. Congress in General 

All legislative powers herein granted shall be vested in a Con¬ 
gress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section II. House of Representatives 

1 . The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State legislature. 

2 . No person shall be a Representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years a citi¬ 
zen of the United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac¬ 
cording to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of Repre¬ 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative; and until such enume¬ 
ration shall be made, the State of New Hampshire shall be entitled 


ii 


APPENDIX 


to choose three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five. New York six. New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten. 
North Carolina five. South Carolina five, and Georgia three. 

4 . When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

5 . The House of Representatives shall choose their Speaker and 
other oflficers, and shall have the sole power of impeachment. 

Section III, Senate 

1 . The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for six 
years; and each Senator shall have one vote. 

2 . Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one third may be chosen every 
second year; and if vacancies happen by resignation or otherwise 
during the recess of the legislature of any State, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when eleeted, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6 . The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no person shall be convicted without the concur¬ 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but 
the party convicted shall, nevertheless, be liable and subject to in¬ 
dictment, trial, judgment, and punishment, according to law. 

Section IV. Both Houses 

1 . The times, places, and manner of holding elections for Sena- 


APPENDIX 


iii 


tors and Representatives shall be prescribed in each State by the 
legislature thereof; but the Congress may at any time by law make 
or alter such regulations, except as to the places of choosing Sen¬ 
ators. 

2 . The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

‘ Section V. The Houses Separately 

1 . Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such penalties, as 
each house may provide. 

2 . Each house may determine the rules of its proceedings, pun¬ 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy, and the yeas and nays of the members of 
either house on any question shall, at the desire of one fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section VI. Privileges and Disabilities of Members 

1 . The Senators and Representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law and paid out of 
the treasury of the United States. They shall, in all cases except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to and returning from the same; and for any speech 
or debate in either house they shall not be questioned in any other 
place. 

2 . No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil oflfice under the authority 
of the United States, which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time; and no 
person holding any office under the United States shall be a mem¬ 
ber of either house during his continuance in office. 

Section VII. Mode of Passing Laws 

1 . All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills. 


IV 


APPENDIX 


2. Every bill which shall have passed the House of Representa¬ 
tives and the Senate shall, before it become a law, be presented to 
the President of the United States; if he approve he shall sign it, 
but if not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered, and if approved by twa 
thirds of that house it shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a 
law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be re¬ 
passed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of 
a bill. 


Section VIII. Powers granted to Congress 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defense and general welfare 
of the United States; but all duties, imposts, and excises shall be 
uniform throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations and among the 
several States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the secur¬ 
ities and current coin of the United States; 

7. To establish post oflices and post roads; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 


APPENDIX 


V 


10. To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming, and disciplining the mili¬ 
tia, and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of 
particular States and the acceptance of Congress, become the seat 
of the government of the United States, and to exercise like author¬ 
ity over all places purchased by the consent of the legislature of the 
State in which the same shall be, for the erection of forts, maga¬ 
zines, arsenals, dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United 
States, or in any department or officer thereof. 

Section IX. Powers denied to the United States 

1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im¬ 
portation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas- corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, clear, 
or pay duties in another. 


vi 


APPENDIX 


7, No money shall be drawn from the treasury but in conse¬ 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu¬ 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Section X. Powers denied to the States 

1. No State shall enter into any treaty, alliance, or confedera¬ 
tion; grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender inpay¬ 
ment of debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of 
nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso¬ 
lutely necessary for executing its inspection laws; and the net pro¬ 
duce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of the 
Congress. 

3. No State shall, without the consent of the Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a for¬ 
eign power, or engage in war, unless actually invaded or in such 
imminent danger as will not admit of delay. 


Article II. Executive Department 

Section /. President and Vice-President 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num¬ 
ber of Senators and Representatives to which the State may be en¬ 
titled in the Congress; but no Senator or Representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

. 3. [The electors shall meet in their respective States and vote by 


APPENDIX 


vii 


ballot for two persons, of whom one at least shall not be an inhab¬ 
itant of the same State with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav¬ 
ing the greatest number of votes shall be the President, if such num¬ 
ber be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal 
number of votes, then the House of Representatives shall immedi¬ 
ately choose by ballot one of them for President; and if no person 
have a majority, then from the five highest on the list the said 
House shall in like manner choose the President. But in choosing 
the President the votes shall be taken by States, the representation 
from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the States, and 
a majority of all the States shall be necessary to a choice. In every 
case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice-Pre¬ 
sident. But if there should remain two or more who have equal 
votes, the Senate shall choose from them by ballot the Vice-Pre¬ 
sident.] 1 

4. The Congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. 

5. No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly until the disability be removed or a President 
shall be elected. 

7. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished dur¬ 
ing the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States or any of them. 


1 This clause of the constitution has been superseded by the twelfth amendment. 


viii 


APPENDIX 


8. Before he enter on the execution of his office he shall take the 
following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my 
ability preserve, protect, and defend the constitution of the United 
States/" 


Section II. Powers of the President 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to grant re¬ 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur; and he shall nominate, and, by and with the ad¬ 
vice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis¬ 
sions which shall expire at the end of their next session. 

Section III. Duties of the President 

He shall from time to time give to the Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, 
and in case of disagreement between them with respect to the time 
of adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public minis¬ 
ters; he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 


Section IV. Impeachment 

The President, Vice-President, and all civil officers of the United 
States shall be removed from office on impeachment for and con- 


APPENDIX 


IX 


viction of treason, bribery, or other high crimes and misdemean¬ 
ors. 

Article III. Judicial Department 
Section 1. United States Courts 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a 
compensation which shall not be diminished during their continu¬ 
ance in office. 

Section II. Jurisdiction of the United States Courts 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to 
all cases affecting ambassadors, other public ministers, and con¬ 
suls; to all cases of admiralty and maritime jurisdiction; to con¬ 
troversies to which the United States shall be a party; to contro¬ 
versies between two or more States; between a State and citizens 
of another State; between citizens of different States; between 
citizens of the same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. ^ 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be¬ 
fore mentioned, the Supreme Court shall have appellate jurisdic¬ 
tion, both as to law and fact, with such exceptions, and under such 
regulations, as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the 
said crimes shall have been committed; but when not committed 
within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Section III. Treason 

1. Treason against the United States shall consist only in levy¬ 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on con¬ 
fession in open court. 

I This clause has been amended. See Amendments, Article XJ. 


X 


APPENDIX 


2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

Article IV. — The States and the Federal Government 
Section I. State Records 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 


Section II. Privileges of CitizenSy etc. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from which 
he fled, be delivered up, to be removed to the State having juris¬ 
diction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such serv¬ 
ice or labor may be due.^ 

Section III. New States and Territcrries 

1. New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the juris¬ 
diction of any other State; nor any State be formed by the junc¬ 
tion of two or more States or parts of States, without the con¬ 
sent of the legislatures of the States concerned as well as of the 
Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this con¬ 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Section IV. Guarantees to the States 

The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them 

* This clause has been nullified by Amendment xni, which abolishes slavery. 


APPENDIX 


xi 


against invasion, and on application of the legislature, or of the 
Executive (when the legislature cannot be convened), against do¬ 
mestic violence. 

Article V. Power of Amendment 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this constitution, or, 
on the application of the legislatures of two thirds of the several 
States, sh^l call a convention for proposing amendments, which in 
either case shall be valid to all intents and purposes as part of this 
constitution, when ratified by the legislatures of three fourths of 
the several States, or by conventions in three fourths thereof, as 
the one or the other mode of ratification may be proposed by the 
Congress, provided that no amendment which may be made prior 
to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

Article VI. Public Debt, Supremacy of the Constitu¬ 
tion, Oath of Office, Religious Test 

1. All debts contracted and engagements entered into, before 
the adoption of this constitution, shall be as valid against the 
United States under this constitution as under the Confedera- 
tion. 

2. This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the constitution or laws 
of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers both of the United States and of the several States, 
shall be bound by oath or affirmation to support this constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

Article VII. Ratification of the Constitution 

The ratification of the conventions of nine States shall be suf¬ 
ficient for the establishment of this constitution between the States 
so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord, one thousand seven hundred and eighty-seven, and of 


Xll 


APPENDIX 


the Independence of the United States of America the twelfth. 
In witness whereof, we have hereunto subscribed our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearley, William 
Paterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert 
Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, 
James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickin¬ 
son, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinck¬ 
ney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: W’illiam Jackson, Secretary. 


AMENDMENTS » 

Article I 

Congress shall make no law respecting an establishment of re¬ 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people peace¬ 
ably to assemble, and to petition the government for a redress 
of grievances. 

Article II 

A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed. 


Article III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a man¬ 
ner to be prescribed by law. 

* The first ten amendments were proposed by Congress, September 25, 1789, and de¬ 
clared in force December 16, 1791. 


APPENDIX 


xiii 


Article IV 

The right of the people to be secure in their persons, houses, 
papers, and eflFects, against unreasonable searches and seizures 
shall not be violated, and no warrants shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

Article V 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same oflPense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just compensation. 

Article VI 

In all criminal prosecutions the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be in¬ 
formed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

Article VII 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise reexamined in any 
court of the United States, than according to the rules of the com¬ 
mon law. 


Article Vm 

Excessive bail shall not be required, nor escessive fines imposed, 
nor cruel and unusual punishments inflicted. 

Article IX 

The enumeration in the constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 


xiv 


APPENDIX 


Article X 

The powers not delegated to the United States by the constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

Article XI» 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII * 

1. The electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President and 
of all persons voted for as Vice-President, and of the number of 
votes for each; which lists they shall sign and certify, and trans¬ 
mit sealed to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre¬ 
sentatives, open all the certificates and the votes shall then be 
counted. The person having the greatest number of votes for 
President shall be the President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President the votes shall be taken 
by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. 

2. The person having the greatest number of votes as Vice-Pre¬ 
sident shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed; and if no person have a 

* Proposed by Congress March 5, 1794, and declared in force January 8, 1798. 

\ * Proposed by Congress December 12, 1803, and declared in force September 25, 1804. 


APPENDIX 


XV 


majority, then from the two highest numbers on the list the Senate 
shall choose the Vice-President; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a ma¬ 
jority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of Pre¬ 
sident shall be eligible to that of Vice-President of the United 
States. 


Article XIII ‘ 

1. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States or any place subject 
to their jurisdiction. 

2. Congress shall have power to enforce this article by appro¬ 
priate legislation. 


Article XTV * 

1. All persons born or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or en¬ 
force any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any State deprive any per¬ 
son of life, liberty, or property, without due process of law; nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for 
President and Vice-President of the United States, Representa¬ 
tives in Congress, the executive and judicial officers of a State, or 
the members of the legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age, and citi¬ 
zens of the United States, or in any way abridged, except for par¬ 
ticipation in rebellion, or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States or under any State, who, hav¬ 
ing previously taken an oath as a member of Congress, or as an 
officer of the United States, or as a member of any State legisla¬ 
ture, or as an executive or judicial officer of any State, to support 

1 Proposed by Congress February 1, 1865, and declared in force December 18, 1805. 

* Proposed by Congress June 16, 1866, and declared in force July 28, 1868, 


xvi 


APPENDIX 


the constitution of the United States, shall have engaged in insur¬ 
rection or rebellion against the same, or given aid or comfort to 
the enemies thereof. But Congress may, by a vote of two thirds 
of each house, remove such disability. i 

4. The validity of the public debt of the United States, author¬ 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of insur¬ 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Article XV ^ 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by 
appropriate legislation. 

* Proposed by Congress February 20, 1869, and declared in force March 80, 1870. 


APPENDIX xvii 


APPENDIX B 

AREA, POPULATION, AND ELECTORAL VOTES 
OP THE STATES, 1910 


STATE 




Became 
Member of 
Union 

Area Square 

POPULATION 







Miles 

1900 

1910 

|«-2| 

Alabama . 
Arizona . . 





1819 

51.998 

113,956 

1,828,697 

122,931 

2.138,093 

204,354 

11 

Arkansas . . 





1836 

53,335 

1,311,564 

1.574,449 

9 

California 





1850 

158,297 

1,485,053 

2,377,549 

10 

Colorado . 





187s 

103,948 

539.700 

799,024 

s 

Connecticut . 





1788 

4,965 

908,420 

1,114,756 

7 

Delaware . . 





1787 

2,370 

184,735 

202,322 

3 

Florida . . 





184s 

58,666 

528,542 

752,619 

5 

Georgia . . 





1788 

59.265 

2,216,331 

2,609,121 

13 

Idaho . . . 





1890 

84,313 

161,772 

325,594 

3 

Illinois . . 





1818 

56,665 

4,821,550 

5,638,591 

27 

Indiana . . 





1816 

36,354 

2,516,462 

2,700,876 

IS 

Iowa . . . 





1846 

56,147 

2,231,853 

2,224,771 

13 

Kansas . . 





1861 

82,158 

1,470,49s 

1,690,949 

10 

Kentucky 





1791 

40,598 

2,147,174 

2,290,905 

13 

Louisiana 





1812 

48,506 

1,381,625 

1,656,388 

9 

Maine . . . 





1820 

33,040 

694,466 

742,371 

6 

Maryland 





1788 

12,327 

1,188,044 

1,295,346 

8 

Massachusetts 





1788 

8,266 

2,805,346 

3,366,416 

Kf 

Michigan . . 





1837 

57,980 

2,420,982 

2,810,173 

14 

Minnesota 





1858 

84,682 

1,751,394 

2,075,708 

II 

Mississippi . 





1817 

46,865 

1,551,270 

1,797,114 

10 

Missouri . . 





1821 

69,420 

3,106,665 

3,293,33 s 

18 

Montana . . 





1889 

146,572 

243,329 

376,053 

3 

Nebraska . . 





1867 

77,520 

1,066,300 

1,192,214 

8 

Nevada . . 





1864 

110,690 

42,33s 

81,875 

3 

New Hampshire 




1788 

9,341 

411,588 

430,572 

4 

New Jersey . 
New Mexico 





1787 

8,224 

122,634 

1,883,669 

195,310 

2,537,167 

327.301 

12 

New York 





1788 

49,204 

7,268,894 

9,113,614 

39 

North Carolina 




1789 

52,426 

1,893,810 

2,206,287 

12 

North Dakota 





1889 

70,837 

319,146 

577,056 

4 

Ohio . . . 





1802 

41,040 

4,157,545 

4,767,121 

23 

Oklahoma 





1907 

70,057 

790,391 

1,657,15s 

7 

Oregon . . 





1859 

96,699 

413.536 

672,765 

4 

Pennsylvania 





1787 

45,126 

6,302,115 

7,665,111 

34 

Rhode Island 





1790 

1,248 

428,556 

542,610 

4 

South Carolina 





1788 

30,989 

1,340,316 

1,515,400 

9 

South Dakota 





1889 

77,615 

401,570 

583,888 

4 

Tennessee. . 





1796 

42,022 

2,020,616 

2,184,789 

12 

Texas . . . 





184s 

265,896 

3,048,710 

3,896,542 

18 

Utah . . . 





1894 

84,990 

276,749 

373,351 

3 

Vermont . . 





1791 

9,564 

343,641 

355,956 

4 

Virginia . . 





1788 

42,627 

1,854,184 

2,061,612 

12 

Washington . 





1889 

69,127 

518,103 

1,141,990 

S 

West Virginia 





1863 

24,170 

958,800 

1,221,119 

2,335,860 

7 

Wisconsin . . 





1848 

56,066 

2,069,042 

13 

Wyoming. . 





1890 

97,914 

92,531 

145,965 

3 

Total . 

• 

• 

• 

• 


3,026,719 

75,715,857 

91,644,197 

483 



























APPENDIX 


xviii 


APPENDIX C 

AREA AND POPULATION OF TERRITORIES 
AND INSULAR POSSESSIONS 


TERRITORY 

Date of 
Acquisition 

Date of 
Organization 

Area Square 
Miles 

Population, 1910 

Alaska. 

1867 

1868 

590,884 

64,356 

District of Columbia . . 


1791 

70 

331.069 

Guam. 

1899 


210 

9,000 

Hawaii. 

1898 

1900 

6,449 

191,909 

Panama Canal Zone . . 

1904 


474 


Philippine Islands . . . 

1899 

1902 

115,026 

7,633,426 

Porto Rico. 

1899 

1900 

3,435 

1,118,012 

Tutuila Group, Samoa. . 

1900 


77 

3.750 

Total. 



716,625 

9,351,522 


APPENDIX D 

ILLUSTRATIVE MATERIAL FOR THE STUDY OF 
GOVERNMENT 

Part I. Local Governments. Chapters i-vi 

1. A map of the pupil’s State, showing the counties. 

2. An enlarged map of the pupil’s county, showing its subdivisions. 

3. Reports of county and town or township officers. 

4. Ballots used at county elections. 

5. A collection of legal notices from the local papers. 

6. Copies of the more common legal blanks (deeds, mortgages, etc.). 

7. Town-warrants, tax-bills, and other town documents. 

8. The State constitution and revised statutes. 

9. The manual of the State legislature. 

10. The city charter and ordinances. 

11. A copy of the city manual for each pupil. 

12. A map of the city showing ward lines and election precincts. 

13. The city council calendar. 

14. Copies of measures introduced into the council, and of ordinances 
published in the daily papers. 

15. Reports of the several municipal departments and officers. 

16. A declaration of taxable property and a tax-bill. 

17. Copies of tally-sheets used at elections. 

18. Copies of nomination petitions, if used. 

19. Copies of the ballots used at municipal. State, and national elections. 

20. A copy of the jury list. 

21. A set of the forms used in civil and criminal actions. 




















APPENDIX 


XIX 


Part II. State Governments. Chapters vii-xvii 

1. Copies of the constitution and revised statutes of the pupil’s own 
State. 

2. A collection of the constitutions of all the States. The most recent 
and complete is F. N. Thorpe’s The Federal and State Constitutions, 
Colonial Charters, and other Organic Laws (1909). 

3. A good text-book on the government of the pupil’s own State, such 
as the Handbooks of American Government, edited by L. B. Evans. 

4. The manual of the State legislature. 

5. A volume of the laws made during a legislative session. 

6. A volume of the reports of the Supreme Court. 

7. A map of the pupil’s State, showing the representative and senatorial 
election districts. 

8. Copies of the ballots used at State and national elections. 

9. Copies of bills which have been introduced into the legislature. 

10. Copies of the calendar and the journal of each house of the legisla¬ 
ture. 


Part III. The National Government. 

Chapters xviii-xxxvh 

1. A large political map of the United States, showing territorial ac¬ 
quisitions. 

2. A good physiographic map of the United States. 

3. Abstract of the Twelfth Census, and the statistical atlas of the 
Twelfth Census (same for the Thirteenth Census, as soon as pub¬ 
lished). 

4. The Statistical Abstract of the United States. 

5. The United States Revised Statutes. 

6. Copies of the House Manual and the Senate Manual. 

7. Latest copy of the Congressional Directory. 

8. The Congressional Record. 

9. Reports of the federal departments and bureaus, especially those 
of the Civil Service Commission, the Interstate Commerce Commis¬ 
sion, the Commissioner of Education, the Commissioner of Immigra¬ 
tion, the Monthly Summary of Commerce and Finance, the Year- 
Book of the Department of Agriculture, the Consular Reports, and 
the Labor Bulletins. 

10. The Executive Register, published by the Government Printing 
Office. 

11. Thorpe’s The Federal and State Constitutions. This contains also 
the early charters and plans of Union: — colonial charters. New 
England Articles of Confederation, Albany Plan of Union, Declara¬ 
tion of Independence, Articles of Confederation. 

12. Through the Superintendent of Documents, Washington, D. C., 
the federal government distributes at a nominal price thousands of 
publications of the greatest value to students of government. Priee 
lists of these publications should be obtained from the Superintend¬ 
ent of Documents, and the pupils should be fully informed concern¬ 
ing the material thus available. The following price lists and leaflets 
will be found of especial value to the student of government: — 


XX 


APPENDIX 


Price Lists 


10. Laws of United States. 

18. Engineering: Mechanics. 

19. Army and Navy. 

20. Lands. 

24. Indians. 

25. Transportation. 

26. Sociology. 

28. Finance. 

29. Economics. 

31. Education. 

32. Noncontiguous territory 

and Cuba. 

Leaflets 


1. International Law. 23. 

8. Government maps. 33. 

10. Public documents. 35. 

17. Army history. 36. 

18. Executive Register. 38. 


Labor question. 

Library of Congress publications. 
Periodicals. 

Tariff. 

Forest Service. 

Plant Industry Bureau. 

Public Roads Office. 

Soils Bureau. 

Statistics Bureau, Agric. Dept. 
Weather Bureau. 

Proceedings of Congress. 
American History. 


Merchant marine. 

Interstate Commerce reports. 
Postal savings-banks. 
Historical bibliography. 
Patriotic documents. 


33. 

34. 

36. 

37. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 


APPENDIX E 

SELECTED REFERENCES ON AMERICAN 
GOVERNMENT 

Bibliographies and Outlines for the Study of Government 

Brookings, W. D., and Ringwalt, R. C., Briefs for Debate on Current Polit¬ 
ical, Economic, and Soci^ Topics (1896). 

Channing, E., and Hart, A. B., Guide to the Study of American History 
(1896). 

Hart, A. B., Handbook of the History, Diplomacy, and Government of the 
United States (1908). 

- Source Book of American History (1899). 

Municipal Affairs, vol. v, no. 1 (1901), contains a classified list of books 
and articles on local government. 

New England History Teachers’ Association, Outline for the Study of Ameri¬ 
can Civil Government (1910). - 

New York State Education Department, Syllabus for Secondary Schools 
(1910). (Outline for the study of Civics, pp. 135-154.) 

Sources in American Government 

Beard, C. A., Readings in American Government and Politics (1910). 

Hart, A. B., American History told by Contemporaries (1906, 4 vols.). 

Kaye, P. L., Readings in Civil Government (1910). 

Macdonald, William, Select Charters and other Documents illustrative of 
American History, 1606-1775 (1904). 

- Select Documents illustrative of the History of the United States, 

1776-1861 (1898). 




APPENDIX xxi 

Macdonald, William, Select Statutes and other Documents illustrative' of 
American History, 1861-1898 (1903). 

Reinsch, P. S., Readings on American Federal Government (1909). 

Richardson, J. D., A Compilation of the Messages and Pavers of the Pre- 
sidents, 1789-1897 (1896-1899, 10 vols.). 

Thayer, J. B., Cases on Constitutional Law; with Notes (1895, 2 vols.). 

Thorpe, F. N., The Federal and State Constitutions (1909, 7 vols.). 

Constitutional and Governmental Histories 

Channing, Edward, A Student's History of the United States (1905). 

Hart, A. B., ed.. Epochs of American History, including Thwaites, R. G., 
The Colonies; Hart, A. B., Formation of the Union; Wilson, W., Division 
and Reunion (1897-1898, 3 vols.). 

- The American Nation; A History (1907, 27 vols.). 

Landon, J. S., The Constitutional History and Government of the United 
States (1905). 

McMaster, J. B., History of the People of the United States from the Revolu¬ 
tion to the Civil War (1901). 

Schouler, James, History of the United States of America under the Con¬ 
stitution (1906, 6 vols.). 

Sparks, E. E., The United States of America (1904, 2 vols.). 

Thorpe, F. N., Constitutional History of the United States, 1765-1895 (1901, 
3 vols.). 


Constitutional Treatises on American Government 
Black, H. C., Handbook of American Constitutional Law (1897). 

Cooley, Thomas M., Principles of Constitutional Law (1898). 

Kent, James, Commentaries on American Law (14th ed., 1896, 4 vols.). 
McClain, E., Constitutional Law in the United States (1905). 

Story, Joseph, Commentaries on the Constitution of the United States (5th 
ed., 1905, 2 vols.). 

Tucker, Jo^ R., The Constitution of the United States (1899, 2 vols.). 

General Works on American Government 
Ashley, R. L., The American Federal State (1903). 

Beard, C. A., American Government and Politics (1910). 

Bryce, James, The American Commonwealth (1907, 2 vols.). 

Goodnow, F. J., Comparative Administrative Law (Student’s Abridged ed., 
1903). 

Hart, A. B., Actual Government (1903). 

Lalor, John J., Cyclopedia of Political Science (1899). 

Schouler, James, Constitutional Studies, State and Federal (1904). 
Willoughby, W. W., The American Constitutional System (1904). 

Wilson, Woodrow, The State (1906). 

Rural Local Government 

Fairlie, J. A., Local Government in Counties, Towns, and Villages (1906). 
Howard, G. E., Introduction to the Local Constitutional History of the United 
States (1889). 

Municipal Government 

Goodnow, Frank J., City Government in the United States (1904). 

Fairlie, J. A., Municipal Administration (1901). 

Rowe, L. S., Problems of City Government (1908). 



XXll 


APPENDIX 


Wilcox, Delos F., The American City; A Problem in Democracy (1904). 
Zueblin, Charles, American Municipal Progress (1903). 

State Government 

Baldwin, S. E., The American Judiciary (1905). 

Bliss, W. D. P,, and others, eds., Cyclopedia of Social Reform (1908). 
Blackman, F. W., Ecoiwmics for High Schools (1907). 

Butler, Wilson R., Government in the New England States (1905). 

Cooley, Thomas M., Constitutional Limitations (1890). 

Dealey, J. Q., Our State Constitutions (1907). 

Ely, R. T., Taxation in American States and Cities (1888). 

Finley, J. H., and Sanderson, J. F., The American Executive and Executive 
Methods (1908). 

Plehn, Carl, Introduction to Public Finance (1897). 

Reinsch, P. S., American Legislatures and Legislative Methods (1907). 
State Governments, Handbooks of, edited by Evans, L. B.: Government 
, of New York, Morey, W. C. (1902); Government of Ohio, Siebert, W. H. 
(1904); Government of Illinois, Greene, E. B. (1904); Government of 
Maine, Macdonald, Wm. (1902). 

Wright, Carroll D., Outline of Practical Sociology (1899). 

' The Federal Government 

Brewer, David J., The United States Supreme Court (1903). 

Dewey, D. R., Financial History of the United States (1903). 

Fairlie, J. A., The National Administration of the United States of America 
(1905). 

Follett, M. P., The Speaker of the House of Representatives (1904). 
Hamilton, Madison, and Jay, The Federalist (Lodge, H. C., ed., 1904). 
Harrison, B., This Country of Ours (1903). 

McConachie, L. G., Congressional Committees (1898). 

Rhodes, J. F., The Presidential Office (1903). 

Tiedemann, C. G., The Unwritten Constitution of the United States (1890). 
Various authors, History-Making: The Story of a Great Nation (1910). 
Willoughby, W. W., Territories and Dependencies of the United States (1905). 
Wilson, Woodrow, Constitutional Government in the United States (1908). 
Woodburn, J. A., The American Republic and its Government (1903). 

Political Parties and Elections 

Dallinger, F. W., Nominations for Elective Office in the United States (1897). 
Ford, H. J., The Rise and Growth of American Politics (1898). 

Fuller, R. H., Government by the People (1908). 

Goodnow, F. J., Politics and Administration (1900). 

Johnston, Alexander, History of American Politics (1902). 

Macy, Jesse, Party Organization and Machinery (1904). 

Merriam, C. E., Primary Elections (1908). 

Stan wood, E., History of the Presidency (1904). 

Woodburn, J. A., Political Parties and Party Problems in the United States 
(1909). 


INDEX 

(References are to pages of text.) 


Adjournment of Congress, 267. 

Adjutant-General, State, 112. 

Administrative departments, city, 
56-57; State, 109-112; national, 
312-324. 

Administrative law, 100. 

Administrators, appointment of, 120. 

Admission of States, 91, 420-421. 

Agriculture, State department of, 
112, 160; federal department of, 
322-323. 

Alabama, 27, 136, 179, 251, 262, 
466; the Alabama Claims, 399. 

Alaska, 230, 259, 408; government 
of, 412. 

Albany plan of union, 208. 

Alexandria conference, 215. 

Alien and Sedition Laws, 447. 

Aliens, 435-436. 

Almshouses, 153. 

Ambassadors, appointment and re¬ 
ception of, 304-305, 402-403; 
classes, term, salary, 402; duties 
and privileges, 403. 

Amendment process, under State 
constitutions, 91-93; under federal 
constitution, 226-227; analysis of 
federal amendments, 227-228. 

American Association, the, 209. 

American Republics, Bureau of, 324. 

Annapolis Academy, the, 184, 319, 
431. 

Annapolis Convention, 215. 

Annexations, territorial, 398. 

Anti-Federalists, 446-447. 

Anti-Masonic party, 449. 

Anti-Trust Act of 1890, 392. See 
Trusts. 

Appeals, in civil cases, 124; in fed¬ 
eral courts, 333; State courts of 
appeals, 119; federal circuit courts 
of appeals, 332. 

Appointment to oflSce, municipal. 


57; State, 107, 111-113; federal, 
231, 300-305. 

Apportionment, for State legisla¬ 
tures, 95; for United States Re¬ 
presentatives, 259-261. 

Appropriations, municipal, 31; State, 
193-194; federal, 340-344. 

Arbitration, State boards of, 161; 
international, 401. 

Aristocracy, 4, 5. 

Aristotle, 1, 4, 8. 

Arizona, 259; territorial government 
of, 413-414. 

Arkansas, 251, 466. 

Army, United States, 426-428; for¬ 
eign armies, 427. 

Arrest, warrant for, 142-143. 

Arson, 142, 

Articles of Confederation, 6, 409; 
analysis of, 210-213; contrast with 
federal constitution, 217, 327. 

Assemblies, colonial, 76, 83. 

Assessments, special, 191-192. 

Assessor, county, 26, 35; township, 
31; city, 57. 

“Association,” the American, 209. 

Attainder, bill of, 240, 242, 443- 
444. 

Attorney, 121; prosecuting (State), 
26, 34, 111, 121; federal, 334. 

Attorney-General, State, 109-111, 
121; federal, 317. 

Auditor, county, 26, 35; State, 109- 

110 . 

Australian ballot, 469-471. 

Austria-Hungary, government of, 9. 

Bail, 143. 

Balances, checks and, 8-9, 89. 

Ballot, Australian, 469-471. 

Banking, State commissioner of, 112. 

Bankruptcy, 390, 437-438. 

Banks, State, 164, 368; national,' 




XXIV 


INDEX 


352, 369-370; United States, 352, 
366-367. 

Belligerents, 396. 

Bicameral legislature, 95, 248. 

Bill of attainder, 240, 242, 443-444. 

Bill of credit, 240. j 

Bill of Rights, State, 87; federal, 227. 

Bills, introduction of, in State legis¬ 
lature, 98; in Congress, 276. 

Bimetallism, 360-364. 

Boards, municipal, 43; county, 26, 
32-33, 35,167; State, 44, 112, 151. 

Bond issues, municipal, 52; State, 
203; national, 353. 

Borough, English municipal, 39-40. 

Borrowing power: of municipal gov¬ 
ernments, 52; of State govern¬ 
ments, 203-204; of the national 
government, 352-355. 

“Boss,” party, 451-452. 

Boston, term of mayor in, 54. 

Bridges, construction of, 167. 

Budget, preparation of federal, 340- 
344. 

Burglary, 142. 

Business taxes, 200, 201. 

Cabinet, under parliamentary gov¬ 
ernment, 9, 313; in United States, 
232, 312-313. 

Calendar, legislative, 277. 

California, 35, 117, 120, 159, 161, 
174, 175, 176, 181, 251, 262, 436, 
466. 

Canals, 168. 

Candidates, for State office, 459; for 
local offices, 456-457; presidential 
candidates, 460, 463. See Conven¬ 
tions, and Primary. 

Capital punishment, 145. 

Capital, the national. See Washing¬ 
ton, D. C. 

Capitation tax, 201. 

Caucus, nominations by, 455, 459; 
legislative caucus, 251-252. 

Census, bureau of, 324; apportion¬ 
ment after decennial census, 260. 

Certificates, gold and silver, 360, 
366. 

Certiorari, writs of, 119. 

Chairman. See Committees, party. 

“Challenges,” in selection of jury, 
123. 

Chancellor, English, 116. 


Chancery courts, 116. 

“Charge,” of judge to jury, 123. 

Charges and prices, regulation of, 
137. 

Charities, municipal, 66; adminis¬ 
tration of charities, 151; methods 
of poor relief, 153; dependent chil¬ 
dren, 153-154; medical charities, 
154; vagrants, 154; charity organ¬ 
ization societies, 155; care of de¬ 
fective classes, 155-156; cost of 
charities, 156. 

Charter colonies, 74-75. 

Charter, municipal, 40, 42; charter- 
making for cities, 45. 

Checks and balances, 8-9; 89. 

Chicago, 57. 

Child labor, 137, 161. 

Children, care of dependent, 153- 
154. 

Chinese, exclusion of, 386; natural¬ 
ization of, forbidden, 436. 

Chisholm v. Georgia, 227. 

Circuit court of appeals, federal, 332. 

Circuit court. State, 118; federal, 
331. See Judiciary. 

Citizenship, admission to, 435-436; 
privileges of, 437. 

City, definition of, 38; dual charac¬ 
ter of, 38; origin and develop¬ 
ment of, 38-41; history of, in 
Great Britain, 39-40; in United 
States, 41-46; charter of, 40-42; 
powers of, 42; relation to State 
governments, 38, 41-43; special 
legislation for, 43-45; franchises, 
43,69-70; commission government 
for, 45-46; improvements in gov¬ 
ernment of, 47; council, see Coun¬ 
cil; mayor, 54-56; administrative 
officials of, 56-58; taxation in, 51; 
ci\nl service, 57, 62; police sys¬ 
tem, 61-62; fire and health de¬ 
partments, 62-63; education in, 

64- 65; parks and playgrounds, 

65- 66; poor relief in, 66, 15.3-155; 
streets and sewers, 66-67; water 
supply, 68; lighting, 68; railways, 
68-69; municipal ownership, 69- 
71; courts, 118; concentration of 
immigrants in, 388. 

Civil actions, procedure in, 122-124. 

Civil-Rights Cases, 337. 

Civil service, municipal, 57, 62; 




INDEX 


XXV 


State. 112-113; federal. 303-304, 
324. 

Civil War, 203; foreign affairs dur¬ 
ing, 398-399; pensions, 432-433. 

Claims, federal court of, 333. 

Clerk, county, 26, 35; township, 31; 
of State courts, 121, 122. 

Codification of the law, 117. 

Coinage, 358-359. 

Collectors, of local taxes, 25, 31, 34; 
of customs duties, 347; of internal 
revenue taxes, 349. 

Colleges and universities, 175-177. 

Colonies, establishment of, in North 
America, 74; charters of, 74; char¬ 
acteristics and classification of, 
74-76; legislative and executive 
in, 76-77; judiciary in, 115-116; 
relations with Great Britain, to 
1760, 77-78; mercantile system 
for, 80-81; dispute with Great 
Britain, 78-83; early attempts at 
union, 207-209. See Revolution, 
American. 

Colorado, 35, 108, 161, 181, 467. 

Columbia, District of, acquisition 
and government of, 414-415; 
courts of, 334. 

Comity, interstate, 246. 

Commander-in-chief, power of Pre¬ 
sident as, 297-299. 

Commerce, under Articles of Con¬ 
federation, 213, 215, 377; discus¬ 
sion of, in Constitutional Con¬ 
vention, 219; commercial powers 
under the constitution, 230, 377- 
378; navigation, 378-379; river 
and harbor improvements, 379- 
380; tariff duties, 346-347, 380, 
385; immigration, 385-388; rail¬ 
way transportation, 390-391; 
Anti-Trust Act, 392; interstate 
commerce, 165, 388-392; State 
regulations affecting commerce, 
163-169. 

Commerce and Labor, Department 
of, 324. 

Commission government, in cities, 
45-46; municipal boards or com¬ 
missions, 43; State commissions, 
44, 112, 151. 

Commission, Philippine, 417. 

Commissioners, county, 26, 32, 35, 
167. 


Committee system, in city councils, 
53; in State legislatures, 97- 
98; committee of the whole, 98; 
committees in Congress, 232, 
274-276; conference committees, 
278. 

Committees of correspondence, 209. 

Committees, party, 450-451. 

Common law, 115-117. See Law. 

Common pleas, court of, 118. 

Compact theory, 2. 

Compromise type of local govern¬ 
ment, 22, 28-29. 

Compromises of constitution, 218- 

220 . 

Comptroller, county, 57; State, 109, 

110 . 

Compulsory education, 181-182. 

Concurrent powers, 239. 

Confederate government, 6. 

Confederation, Articles of, 6, 327, 
409; analysis of, 210-213; New 
England Confederation, 208. 

Conferenee committees, 278. 

Congresses, early: the Albany (1754), 
208; Stamp Act Congress (1765), 
208; First Continental (1774), 
209; Second Continental (1775- 
1781), 209-210. 

Congress, United States, contrast 
with powers of State legislatures, 
100; usages affecting, 232; sessions, 
267; internal organization, 268; 
quorum, 269-270; president of 
Senate, 270; Speaker of House, 
270-273; committees of Congress, 
274-276; process of legislation, 
276-278; relations with Presi¬ 
dent, 278-279, 307-309; limita¬ 
tion on powers of, 279-280; ex¬ 
press powers of, 280-281; implied 
powers of, 282; salary of members, 
253; privileges of members, 253. 
See Senate, House of Representa¬ 
tives. 

Congressional Library, 324. 

Congressional Record, the, 269. 

Connecticut, 75, 86, 108, 120, 136, 
159, 161, 178, 180, 181, 208, 223, 
262, 409, 466, 467. 

Connecticut Compromise, 248-249. 

Conservation of natural resources, 
159, 323. 

Constable, 30, 32, 35, 121, 122. 



xxvi 


INDEX 


Constitution, definition of, 3; writ¬ 
ten and unwritten, 3. 

Constitution, federal, demand for, 
215-216; call of convention to 
frame, 216; the framing of, 217- 
222; compromises of, 218-220; 
sources of, 221; ratification of, 
222-224; contrasted with Arti¬ 
cles of Confederation, 217, 327; 
amendments of, 226-228; bill fof 
rights, 227; interpretation of, 228- 
230, 282; development of, through 
usage, 230-233; limitations im¬ 
posed by, on State governments, 
101-102; duties of State governor 
under, 109. 

• Constitutions, State, definition of, 
86; formation of, 86, 91-92; parts 
of, 86-87; bills of rights, 87; de¬ 
velopment of, 90-91; amendment 
of, 91-93; authority of, 93, 117; 
interpretation of, 124-125; limita¬ 
tions upon legislative power, 102; 
individual rights under, 144. 

Constitutional Convention, the, 216- 
222, 446. 

Constitutionality of legislation, pow¬ 
er of State courts to decide, 124- 
125; power of federal courts, 220, 
336-337, 373-374. 

Consuls, appointment and tenure, 
404;] classes and salary, 404; du¬ 
ties and privileges, 405. 

Contested elections, in Congress, 
268. 

Continental Congress, First, 209; 
Second, 209-210. 

Continental currency, 371. 

Contract labor, exclusion of, 385. 

Contracts, obligation of, 242. 

Convention of 1787, 216-222, 446. 

Conventions, party, 450; local, 456- 
457; State, 457-459; national, 
460-463. 

Conventions, State constitutional, 
230-233. 

Copyrights, 438-439. 

Coroner, 20, 26, 34. 

Corporate colonies, 74-75. 

Corporations, characteristics and 
development of, 162-163; State 
regulation of, 163-166; method of 
organization, 163; banks, 164; in¬ 
surance companies, 164; railroads. 


164-165; industria Icombinations 
and trusts, 165-166; quasi-public 
corporations, 69-70, 137; taxation 
of, 200; federal control of, 390-393. 
See Banks, Railroads, Trusts. 

Council, city, decline of, 43; relation 
to mayor, 54-55; size of, 50; num¬ 
ber of chambers, 50; election of 
members, 50; powers of, 51-53; 
qualifications, term and salary of 
members, 50; procedure in, 53- 
54. 

Council, in colonial cities, 41. 

Councils, executive, 76, 108, 254. 

Counterfeiting, 441-442. 

County, development of, in England, 
17-18; in New England, 19; at the 
South, 19-20, 26; present county 
government in New England, 
25-26; origin of, in Central States, 
32-33; oflBcers of, 26, 34-35; com¬ 
missioners, 26, 32, 167; county 
court, 20; county lieutenant, 18, 
20. _ 

Court, definition of, 122. See Judi¬ 
ciary. 

Cremators, 67. 

Crime, in early society, 140; defini¬ 
tion of, 141; classification of, 141; 
causes of, 142; repression of, 142, 
147-148; criminal procedure, 143; 
treatment of criminals, 147-148; 
federal power over crime, 441-444. 

Cuba, 409. 

Cumulative voting in Illinois, 96. 

Currency. See Finance, federal. 

Customs duties. See Tariff duties. 

Debate, in the House of Representa¬ 
tives, 277; in the Senate, 277. 

Debt, State and local, 202-204; na¬ 
tional, 354-355. 

Declarations of Rights: (1765), 208; 
(1774), 209. 

Defective classes, care of, 155-156. 

Defendant, in civil cases, 122-123. 

Delaware, 21, 22, 75, 104, 120, 136, 
168, 181, 215, 223, 250, 262, 409, 
466. 

Delegates, territorial, 411, 413, 417, 
418. 

Delinquent taxes, 198. 

Democracy, 4-5. 

Democratic party, 448, 449. 




INDEX 


xxvii 


Democratic-Republican party, 447. 

Departments, federal, 312-324; rela¬ 
tions with Congress, 279; State 
departments, 110-112. 

Dependencies. See Territories. 

Deposition, testimony by, 127. 

Des Moines, commission govern¬ 
ment in, 46, 57. 

Dilatory motions, 273. 

Dingley Tariff Act, 382. 

Diplomatic representatives. See Am¬ 
bassadors, Foreign affairs. 

Direct legislation, 93, 103. 

Direct nominations. See Nomina¬ 
tions. 

Direct taxes, 195, 352. 

Disease, suppression of. See Health, 
boards of. 

Dispensary system, 137. 

Disputed election of 1876, the, 288- 
289. 

District attorneys. United States, 
317, 334. 

Districts, congressional, 260-261. 

District court, 330-331. See Judici¬ 
ary, federal. 

District of Columbia, acquisition and 
government of, 414-415; courts of, 
334. 

Dollar, coinage of the, 360-363. 

Domain, public, 320-321, 409. 

Dred Scott Case, 337, 418. 

Duties, tariff, as a form of tax, 346- 
347; as commercial regulations, 
380-385, 419; internal revenue 
duties, 315, 348-349. 

Economic functions of State govern¬ 
ments, 158-169. 

Education, county superintendent 
of, 26; in cities, 53, 64-65; State 
supervision of. 111; State and 
local systems, 172—184; federal aid 
to, 183-184, 322; federal bureau 
of, 184. 

Educational test for immigrants, 
388; for voters, 466. 

Eight-hour day, 161. 

Elastic clause, 229-230, 282. 

Elections, national. State, and local, 
465-^66, 467-472; separation of 

\ State and local, 47, 466; congres¬ 
sional, 263; presidential, 287-290; 
qualifications for voting, 466-467. 


Electoral Commission, 289. 

Electoral Count Bill, the, 289. 

Electors, presidential, 285-288; 464. 

Electric lighting in cities, 68.. 

Eleventh amendment, 227. 

Emancipation proclamation, 298. 

Eminent domain, 52, 130, 137. 

Enabling act, 420. 

Engineer, State, 112. 

Envoys. See Ambassadors. 

Epidemics, prevention of. See 
Health, boards of. 

Equalization, boards of, 197. 

Equity, 115-117. 

Error, writs of, 119, 124. 

Evidence in civil cases, 123; in crim¬ 
inal cases, 145. 

Excise taxes, 347-349. 

Exclusive powers, 236, 239. 

Execution, writ of, 124. 

Executive Council, in Porto Rico, 
416-417. 

Executive councils, 76, 108, 254. 

Executive departments, federal, 312- 
324. See the several departments. 

Executive sessions of Senate, 254- 
255. 

Executive, State, in early period, 88; 
increased powers of, 90; election 
and term of, 107; qualifications 
and salary, 107; powers of, 99, 
107-109; judicial control over, 
125-126; duties of, under federal 
constitution, 109; contrast with 
President’s powers, 106. 

Expenditure. See Finance. 

Experiment Stations, agricultural, 
323. 

Exports, duties on, forbidden, 241, 
345, 380. 

Ex post facto law, 280. 

Express powers of federal govern¬ 
ment, 236, 237, 280-281. 

Extradition, 246. 

Factory inspector. State, 112; fac¬ 
tory legislation, 137, 160—162. 

Federal government, 6-7; federal 
law, supremacy of, 237-238; fed¬ 
eral powers, 236-237. See National 
Government. 

Federalist, The, 223. 

Federalists, the, 446-447. 

Felonies, 141. 



XXVlll 


INDEX 


“Filibustering,” in Congress, 270, 
273, 277. 

Finance, federal, powers of Congress 
over, 230; objects of expenditures, 
341; control of expenditures, 342- 
344; criticisms of financial system, 
343-344; revenues, 344-345; tax¬ 
ing power, 345-346; import duties, 
346-347; excise taxes, 347-349; 
income taxes, 337,349-351; direct 
taxes, 195, 352; borrowing power, 
352-354; money, 358-366; bank¬ 
ing system, 366-369; national 
debt, 354-355; government pa¬ 
per money, 371-374; independent 
treasury system, 370; pensions, 
321; 432-433. 

Finance, local, powers of city coun¬ 
cil over, 51-52; taxing power of 
town meeting, 25-30; of county 
commissioners, 26; general pro¬ 
perty tax, 196-199; license and 
franchise taxes, 201-202. 

Finance, State, definition of, 187; 
expenditures, 187-189; revenues, 
190-192; school revenues, 182- 
183; principles of taxation, 193; 
classification of taxes, 195; gen¬ 
eral property tax, 196-199; other 
taxes, 199-201; reforms in taxa¬ 
tion, 202; State and local debts, 
203-204. 

Fire department, in cities, 62-63. 

Fire-marshal, State, 112. 

Fish and game laws, 159-160. 

Florida, 120, 136, 176, 178, 179,181, 
251. 

Food and dairy commissioner, 112. 

Food products, inspection of, 63, 
323. 

Foreign affairs, 305-307, 397-405. 

Forestry, scientific, 159, 322. 

Fourteenth amendment, 228. 

France, constitution and govern¬ 
ment of, 3, 4, 5, 6, 7, 9, 14, 
61. 

Franchise, the elective. See Suffrage. 

Franchises, 43, 69-70; taxation of 
municipal, 43, 201-202. 

Frauds and oppression, prevention 
of, 138. 

Free coinage, 360-364. 

Free silver, 360-364. 

Free Soil party, 449. 


Free trade, policy of, 383-384. See 
Tariff duties. 

Full faith and credit clause, 246. 

Functions of government, 10-12. 
See Government. 

Fundamental Orders of Connecticut, 

3. 

Gadsden Purchase, the, 230, 408. 

Galveston, commission government 
in, 45-46. 

Game laws, 159. 

Garbage disposal, 67. 

General property tax, 196-199. 

General staff, the, 317. 

Geneva Arbitration, the, 399. 

Geologist, State, 112. 

Georgia, 75, 95, 136, 178, 179, 181, 
223, 248, 251, 466. 

Germany, constitution of, 3; form of 
government, 5, 6, 7, 61. 

Gerrymander, 261. 

Gold, coinage of, 360-365. 

Gorman-Wilson Tariff Act, 382. 

Government, definition of, 3; classi¬ 
fication and characteristics of, 4-9; 
characteristics of American, 9-10; 
essential and optional functions of, 
10-12; distribution of powers of, 
7-8; checks and balances in, 8-9, 
89; presidential, 9; parliamentary, 
9; representative, 5, 9, 16; rural, 
14-36; municipal, 38-71; State, 
74-204; federal, 208-444. See 
States, Local government. Na¬ 
tional government. 

Governor. See Executive, State. 

Grand jury, 118, 143. 

Great Britain, constitution of, 3; 
form of government, 5, 6, 8, 9, 14; 
relations with North American 
colonies, 77-83. 

Greenback party, 449. 

Greenbacks, 365, 371-374. 

Gresham’s Law, 360-361. 

Guam, 408, 415. 

Guardians, appointment of, 120. 

Habeas corpus, 119, 143, 298. 

Hague Court, the, 401. 

Hamilton, Alexander, 215, 217. 

Harbors, improvement of, 379-380. 

Hawaii, 259, 408, 436; government 
of, 416. 




INDEX 


xxix 


Health, county board of, 35; city 
department of, 63, 134; State 
boards of, 63, 134. 

High schools, 174-175. 

Highways, public, 166-167. 

Holy AUiance, the, 399. 

Home rule, municipal, 44-45. 

Homestead Act, 321. 

Hospitals, 155-156. 

House of Representatives, residence 
of members, 232; apportionment, 
259-260; gerrymander,-261; elec¬ 
tions to, 262-263; term and quali¬ 
fications of members, 264; rights 
and privileges of members, 265; 
special powers of the House, 265, 
289-290; Speaker of, 232, 270-274; 
debate in, 277; committees of, 232, 
274-276; committee on rules, 274. 
See Congress, United States. 

House of Representatives (in State 
governments). See Legislature, 
State. 

Hundred, 16. 

Idaho, 104, 161, 181, 251, 467. 

Illinois, 29, 31, 32, 96, 108, 119, 161, 
167, 168, 176, 178, 409, 467. 

Immigration, 385-388; State com¬ 
missioner of, 112. 

Impeachment, State process of, 110; 
federal process of, 255-256. 

Imperialism, Great Britain’s policy 
of, 78; issue of, in American poli¬ 
tics, 449. 

Implied powers, of federal govern¬ 
ment, 229-230, 282, 446-447. 

Import duties, 241, 346-347. 

Inauguration, presidential, 291. 

Income tax. State, 201; federal, 337, 
349-351. 

Incorporation, of cities, 40, 42; of 
business corporations, 163-164. if 

Independence, Declaration of, 83- 
84. 

Independent voting, 452, 465. 

Indeterminate sentence, 146. 

Indian affairs, 321-322. 

Indiana, 29, 32, 108, 136, 151, 159, 
161, 168, 176, 178, 181, 261, 409, 
466. 

Indictment, 111, 143. 

Individual rights, protection of, 
240-241. 


Indoor relief, 153-154 

Inferior officers, of federal govern¬ 
ment, 302. 

Information, 111, 143. 

Inheritance tax. State, 200. 

Initiative, in State government, 93, 
103. 

Injunction, writ of, 119, 126. 

Insane, care of, 156. 

Insular Cases, the, 419. 

Insular territories, See Territories. 

Insurance, regulation of, 164; State 
commissioner of, 112. 

Intention, declaration of, 435. 

Interior, Department of, 319-322. 

Internal improvements, 379-380. 

Internal revenue duties, 347-349; 
commissioner of, 315. 

International law, 396; offenses 
against, 442. 

International relations, 305-307,397- 
405. 

Interpretation, constitutional. See 
Constitutionality of legislation. 

Interstate commerce. See Commerce, 
federal. 

Interstate Commerce Commission, 
324, 391-392. 

Interstate relations, 245-246. 

Intervention, federal, 299-300. 

Intolerable Aets, the, 82-83. 

Inventions, patents for, 439-440. 

Iowa, 29, 30, 31, 151, 178, 181, 251, 
467. 

Irrigation, 322. 

Isthmian Canal, the, 380, 409, 412. 

Italy, constitution and government 
of, 3, 6, 9, 14. 

Jails, 146. 

Japanese laborers, exclusion of, 386. 

Jefferson, Thomas, 84. 

Johnson, Andrew, 256, 309. 

Journals, legislative: State, 97, con¬ 
gressional, 269. 

Judges, county, 26, 34; police, in cit¬ 
ies, 56, 57; State judges, choice 
and tenure of, 120; salary and 
qualifications of, 120-121; duties 
of, 123; federal, see Judiciary, fed¬ 
eral. 

Judiciary, State, in early period, 89; 
development of, 115-116; inferior 
courts, 118; courts of general 



XXX 


INDEX 


original jurisdiction, 118; courts 
of last resort, 119; special State 
courts, 119; probate courts, 119; 
selection, tenure, qualifications, 
and salary of judges, 120-121; 
subordinate oflScers of courts, 121; 
procedure in civil cases, 122-124; 
power to decide upon constitu¬ 
tionality of legislation, 124-125; 
control of executive officials, 125- 
126; relation to federal courts, 
126; interstate judicial relations, 
127; writs of injunction and man¬ 
damus^ 126. 

Judiciary, federal, relation to State 
courts, 126; limitations of power 
by eleventh amendment, 227; es¬ 
tablishment and organization of, 
327-328; jurisdiction of, 328-330; 
appointment, term, and compensa¬ 
tion of judges, 328; district courts, 
331; circuit court, 331; circuit 
court of appeals, 332; Supreme 
Court, 332-333; special courts, 
333-334; territorial courts, 413- 
418; interpretation of laws by, 
335-337; power to decide consti¬ 
tutionality of legislation, 220, 336- 
337, 373-374. 

Jurisdiction, original and appellate, 
118. 

Jury, petit, 123,144-145; grand jury, 
118, 143. 

Justice, Department of, 317-318. 

Justices of the peace in Southern 
colonies, 20, 32, 35; mayor’s pow¬ 
ers as, 56; justices’ courts, 118. 

Juvenile courts, 148. 

Kansas, 29, 31, 136, 145, 151, 159, 
178, 181, 251, 466, 467. 

Kentucky, 119, 181, 251, 467. 

Know Nothing party, 449. 

Labor, State legislation concerning, 
137, 160-132; prison labor, 147; 
bureau of commerce and labor, 
324. 

Lands, public, of State governments, 
158-159; of federal government, 
320-321, 409. 

Lands and forests. State commis¬ 
sioner of, 112. 

Larceny, 142. ^ 


Law, common, 115-117; private, 100; 
administrative, 100; our system 
of, 117; enforcement of, 132-133; 
civil procedure, 122-124; criminal 
procedure, 143; martial law, 298, 
432; international law, 396, 442. 

Lawlessness, suppression of, 132- 
133. 

Legal-Tender Decisions, 337, 373- 
374. 

Legislation, State, process of, 98- 
99; special, for cities, 43-45; gov¬ 
ernor’s veto upon, 99; scope of, 
100; limitations upon, 101-102; 
unconstitutional, 124-125, 336- 
337; federal, see Congress. 

Legislature, State: early period, 88; 
decline of, 90; proposal of consti¬ 
tutional amendments by, 92; two 
houses of, 95-96; election districts 
for, 95; minority representation 
in, 95; members, qualifications, 
term, and salary, 96; privileges of 
members, 97; sessions of, 96-97; 
process of legislation, 98-99; com¬ 
mittees of, 97, 98; journal, 98; 
powers of, 100; limitations upon 
powers, 101-102; governor’s veto, 
99; relation to governor, 108. 

Legislature, municipal. See Council. 

Legislature, federal. See Congress. 

Liberal construction, 229-230, 282. 

Liberal party, 448, 449. 

Libraries, city, 65; State librarian, 

112 . 

License taxes, 201. 

Lieutenant-Governor, 97, 109, 110. 

Lighting, public, in cities, 68. 

Lincoln, Abraham, 230. 

Liquor traffic, regulation of, 136- 
137. 

Loans. See Borrowing power. 

Local government, 7; relation of, to 
State governments, 14; origin of, 
14-22, 38-47; centralized and de¬ 
centralized systems of, 14; dual 
character of, 4; classification of, 
15; rural local governments, 14- 
22, 24-35; origin of, in New Eng¬ 
land, 18-19; at the South, 19-21; 
contrast between New England 
and Southern systems, 21; devel¬ 
opment of, in the Middle States, 
22; present system of, in New 




INDEX 


XXXI 


England, 24-26; in the West, 35; 
township-county systems of, 27- 
35; functions of, 7, 24-35, 61-71. 

Local option, 136. 

Louisiana, 27, 117, 119, 120, 159, 
161, 178, 179, 181, 251, 262, 466, 
467. 

Louisiana Purchase, the, 230, 407. 

McCulloch V. Maryland, 337. 

McKinley Tariff Law, 382. 

Machine, the party, 451-452. 

Madison, James, 217, 222, 223. 

Mail matter. See Postal service. 

Maine, 104, 120, 136, 145, 159, 176, 
178, 180, 181, 262, 263, 466. 

Mandamus, 111, 119, 126. 

Manor, 16. 

Manual training, 175. 

Marbury v. Madison, 336. 

Mark, the German, 15. 

Marque and reprisal, letters of, 242, 
425. 

Marshals, federal, 298, 334. 

Martial law, 298, 432. 

Maryland, 21, 22, 75, 108, 120, 159, 
167, 168, 174, 179, 181, 210, 215, 
223, 251, 285, 409. 

Massachusetts, 57, 62, 75, 83, 91, 95, 
107, 113, 120, 136, 148, 151, 159, 
161, 174, 178, 180, 181, 201, 209, 
223, 262, 409, 466, 467. 

Mayor, in colonial cities, 41; in Brit¬ 
ish cities, 41; in United States: 
election, term, and salary, 54; 
powers, 54-56; the “responsible” 
mayor, 56. 

Mercantile colonial system, 80-81. 

Message, mayor’s, 55; governor’s, 
108; President’s, 307-308. 

Metric system, 441. 

Merit system. See Civil Service. 

Mexican cessions, 408. 

Mexican War, 230, 398. 

Michigan, 29, 30, 31, 136, 145, 148, 
159, 161, 168, 175, 176, 178, 181, 
251, 409, 466, 467. 

Middle States, development of local 
government in, 22. 

Military Academy, United States, 
316. 

Military functions, of federal gov¬ 
ernment, 424-433; military offi¬ 
cers, 427-428, 431; militia, 132- 


133, 297, 299, 429-430; navy, 
430-431; pensions, 432-433; mili¬ 
tary sites, 415. 

Military powers, of sheriff, 34; of 
mayor, 56; of governor, 108; of 
President, 297-299. 

Militia, 132-133, 297, 299, 429. 

Milwaukee, 57. 

Ministers, foreign. See Ambassadors. 

Minnesota, 29, 30, 31, 151, 159, 161, 
174, 176, 178, 180, 181, 467. 

Minority representation, 95. 

Mints, federal, 315-316. 

Misdemeanors, 141. 

Mississippi, 120, 136, 179, 181, 251, 
262, 466. 

Mississippi River, improvement of, 
380. 

Missouri, 29, 35, 104, 119, 161, 178, 
181, 251, 466. 

Monarchy, 4, 5. 

Money. See Finance, federal; Mints, 
federal. 

Monometallism, 364-365. 

Monopolies, municipal, 69-71; State 
control of, 165-166; capitalistic, 
166; federal control of, 390-393. 

Monroe Doctrine, the, 399-400. 

Montana, 104, 161, 181, 250, 467. 

Montesquieu, 8, 15, 211. 

Morals, public, protection of, 135. 

Morris, Gouverneur, 221, 

Mortgage tax, 199. 

Municipality. See City. 

Nation, definitions of, 3. 

National banks, 352, 369-370. 

National committees, of political 
parties, 450, 460, 462. 

National conventions, call, 460; pro¬ 
cedure in, 461-463. 

National government, sphere of act¬ 
ivity, 7; relation to States, 235- 
239; limitations on powers of, 
240-242. See Congress, President, 
Judiciary, Government (federal). 
Executive departments, etc. 

National guard. See Militia. 

Naturalization, 435-437. 

Natural resources, preservation of, 
159, 323. 

Naval Academy, United States, 184, 
319, 431. 

Naval stations and yards, 319, 430. 



XXXll 


INDEX 


Navigation, 168, 378-379; Acts of 
Navigation and Trade, 81. 

Navy, Department of, 319, 430-431. 

Nebraska, 29, 31, 108, 176, 178, 181, 
250, 251, 466, 467. 

Neutrals, rights of, 397-399. 

Nevada, 35, 176, 181, 251, 286. 

New England Confederation, 208. 

New England, town government of. 
See Towns. 

New Hampshire, 75, 86, 91,120,136, 
153, 159, 178, 180, 181, 223, 262, 
466, 467. 

New Jersey, 22, 75, 86,107,108,119, 
120, 159, 161, 168, 178, 180, 181, 
201, 215, 223, 251, 409, 467. 

New Jersey plan, in Constitutional 
Convention, 217, 220. 

New Mexico, 259, 436; territorial 
government of, 413-414. 

New Orleans, 57. 

New York, 22, 29, 30, 31, 57, 62, 75, 
108, 113, 119, 120, 136, 151, 158, 
159, 161 168, 178, 180, 181, 201, 
210, 213, 215, 222, 223, 262, 286, 
409, 467. 

Nominations, methods of, 455; local, 
455-456; State, 457-459, 464-465; 
presidential, 460-463; direct, 452, 
464-465; by petition, 465. 

North Carolina, 27, 75, 99, 108, 136, 
159, 178, 179, 181, 201, 223. 262, 

466. 

North Dakota, 29, 30, 31, 117, 136, 
159, 178, 181, 251, 467. 

North German Confederation, 6. 

Northwest Territory, history.of, 409- 
411. 

Notes, United States, 360, 371-374; 
treasury notes, 360, 362, 371; na¬ 
tional bank notes, 360, 369; State 
bank notes, 368-369. 

Oath of oflBce, presidential, 291. 

Officers, State: elective, 106-111; 
appointive, 111-113; federal, ap¬ 
pointive, 231, 300-305. 

Ohio, 29, 30, 31, 51, 57, 62, 148, 151, 
161, 168, 176, 178, 181, 183, 409, 

467. 

Oklahoma, 104, 136, 180, 201, 251, 
260. 

Order, preservation of, 132-133. 

Ordinance of 1784, 410; Ordinance 


of 1785. 28; Ordinance of 1787. 
410-411. 

Ordinances, municipal, 53-54. 

Oregon, 35, 103, 159, 181, 250, 251, 
263, 408, 466, 467. 

Outdoor relief, 153. 

Overseers of highways, 32, 167. 

Overseers of the poor, 31. 

Panama Canal, 380, 409, 412. 

Paper money. See Notes. 

Pardons, governor’s power over, 108; 
President’s power over, 309. 

Parish, in England and New Eng¬ 
land, 16; in Southern colonies, 21. 

Parks, city, 65. 

Parliamentary government, 9. 

Parties, political, functions of, 445- 
446; origin of, 446; history of, 446- 
449; organization of, 450-452; 
party issues, 446-449; party plat¬ 
forms, 458, 462. See Conventions, 
party. 

Party system, influence of, upon 
government, 233; upon election 
of Senators, 251-252; upon elec¬ 
tion of President, 290-291. 

Patents, 321, 439-440. 

Patriarchal theory, 1. 

Patronage, federal, 303-304. 

Paving, in cities, 67. 

Payne-Aldrich Tariff Law, 383. 

Peace and order, maintenance of, 
132-133. 

Penitentiaries, 146. 

Pennsylvania, 75, 95, 108, 119, 120, 
126, 146, 158, 159, 168, 178, 180, 
181, 201, 215, 223, 248. 

Pensions, military, 321, 432-433. 

People’s party, 449. 

Personal property taxes, 196-199, 

202 . 

Petition, nomination by, 465; right 
of petition, 240. 

Philippines, 259, 408, 436; govern¬ 
ment of, 417-418. 

Piracy, 442. 

Plaintiff, in civil cases, 122-123. 

Platform, party. See Parties, polit¬ 
ical. 

Playgrounds, municipal, 65, 66. 

Pleadings, 122. 

“Pocket-veto,” by the governor, 99; 
by the President, 309. 



INDEX 


Police administration in cities, 61- 
62, 118. 

Police power, of city council, 51; of 
State governments, 129-138; de¬ 
finition of, 129; characteristics of, 
130-131; of federal government, 
131. 

Politics. See Parties. 

Poll tax, 201. 

Polygamy, 420. 

Pools, 165, 391-392. 

Poor, overseers of, 31; poor relief in 
cities, 53, 66, 153. 

Popular election of Senators, 251. 

Porto Rico, 259, 408, 436; govern¬ 
ment of, 416^17. 

Posse comitatus, 132. 

Postal savings banks, 319. 

Post Office Department, 318-319; 
postal system, 389. 

Poverty, causes of, 152-153. 

Powers, division of, between federal 
and State governments, 7, 235- 
236; between State and local gov¬ 
ernments, 7; legislative, executive, 
and judicial, 8, 89. 

President, origin of office, 22, 285; 
inauguration, 224; political usages 
affecting, 231-232, 290-291; rela¬ 
tions of, to Congress, 278-279; elec¬ 
tion of, 285-291; term, salary, and 
qualifications of, 290-292; military 
powers of, 297-299; diplomatic 
powers of, 304-307; legislative 
powers of, 307-309; judicial pow¬ 
ers of, 309-310; veto power of, 278, 
308-309; powers of appointment 
and removal, 300-304; nomina¬ 
tion of candidates for, 460-463; 
succession to Presidency, 293; 
electors, presidential, 285-288, 
290, 464. 

President pro tempore of Senate, 270. 

Presidential government, 9. 

Press, freedom of, 240. 

Previous question, in House of Re¬ 
presentatives, 277. 

Primary, party, 455-456. 

Printing, State superintendent of, 
112; federal printing-office, 324. 

Prisons and prison methods, 146- 
147. 

Private law, 100. See Law. 

Privateering, 425. 


Private rights, under federal consti¬ 
tution, 240-241. 

Privileges and immunities of citi¬ 
zens, 245. 

Privileges, of States in the Union, 
243. 

Privy Council, British, 115. 

Prize courts, 425-126. 

Probate courts, 119. 

Probation officers, 148. 

Procedure, civil, 122-124; criminal, 
143. 

Procedure, in city councils, 53-54; 
in State legislatures, 96-99; in 
Congress, 276-279. 

Proclamations, presidential, 298, 
307. 

Progressive taxation, 201. 

Prohibition laws, 131, 136; Prohibi¬ 
tion party, 449. 

Prohibitions, upon State govern¬ 
ments, 241-242; upon the federal 
government, 240-242. 

Property, protection of, 122. 

Proportional representation, 95. 

Proprietary colonies, 75. 

Prosecution of criminals. See Crime. 

Protection. See Tariff duties. 

Public acts, proving,-246. 

Public domain, 320-321, 409. 

Public works. State superintendent 
of, 112, 168. 

Punishment, theories of, 145-146. 

Puritans, 18, 20. 

Qualifications for suffrage, 466-467. 

Quarantine, 323. See Health, boards 
of. 

Quartermaster-General, 317. 

Quorum, in State legislature, 98; in 
Congress, 269-270; 273. 

Quo warranto. 111, 119. 

Railroads, State regulation of, 164- 
165, 391; federal regulation of, 
391-392. 

Railways, street, 68-69. 

Rates, railway. See Railroads. 

Real estate, tax on, 196-199. 

Recall, in cities, 46, 54. 

Reciprocity, treaties of, 382. 

Reclamation service, 322. 

Reconstruction, theories of, 421; re¬ 
construction amendments, 228. 



xxxiv 


INDEX 


Recorder, county, 26, 35. 

Recreation, in cities, 65-66. 

Referendum, State, 93, 103. 

Reformatories, 148. 

Registration, 467-468. 

Registry mail service, 318. 

Religion, freedom of, 240. 

Removal, President’s power of, 302- 
303; governor’s power of, 108. 

Representation, American and Brit¬ 
ish theories contrasted, 79-80. 

Representative government, 4-5, 16. 

Representatives, House of. See 
House of Representatives. 

Reprieve, 310. 

Republican party, origin of,|448-449; 
policies of, 449. 

Requisition, governor’s power to is¬ 
sue writs of, 109. 

Reservations, Indian, 322. 

Reserves, forest, 159, 322. 

Responsibility, official, of mayor, 
45, 47, 55-56; of governor, 106- 
107; of President, 296-300, 309. 

Resumption of specie payments, 362, 
372-373. 

Revenues. See Finance. 

Revolution, the American, 78-84, 
209-210. 

Rhode Island, 75, 86, 107, 120, 136, 
145, 178, 180, 181, 213, 223. 

“Riders” in legislation, 279. 

Rights, protection of individual, 121, 
122, 144. 

River and harbor improvements, 
379-380. 

Roads, overseers of, 26, 32; construc¬ 
tion and maintenance of roads, 
166-167. 

Robbery, 142, 442. 

Royal colonies, 74, 75. 

Rules, of House of Representatives, 
270-274, 277; of Senate, 275; com¬ 
mittee on, 274. 

Russia, form of government of, 5, 6. 

Safety, public, preservation of, 134. 

Salaries. See the several offices. 

Samoa, 409, 415. 

Sault Ste. Marie Ship Canal, 168. 

Savings banks, postal, 319. 

School district, in Central States, 

41. 

Schools, public. See Education. 


Secession, 421. 

Secretaries, federal. See the several 
federal departments (State, War, 
Navy, etc.). 

Sections of townships, 28. 

Selectmen, town, 25. 

Senate, State, 96. 

Senate, United States, origin of, 
248-249; representation in, 249; 
election of Senators, 249-252; 
term, 252; vacancies in, 109; qual¬ 
ifications of Senators, 252; rights 
and privileges of members, 253; 
legislative powers, 253; executive 
functions, 254; senatorial courtesy, 

231, 254-255, 301; judicial powers, 
255-256; deadlocks, 250; presid¬ 
ing officer, 270. See Congress. 

Separation of powers, 8, 89, 296-297. 

Sessions, regular and special, of city 
council, 53; of State legislature, 
97; of Congress, 267. 

Sewerage systems, 67. 

Shays’ Rebellion, 213, 215. 

Sheriff, in England, 17; in United 
States, 20, 26, 34, 121, 122, 132. 

Sherman Anti-Trust Act, 392-393. 

Shire, origin and government of, 
17-18. 

Silver certificates, 360, 366. 

Silver, coinage of, 360-365; purchase 
of, 362. 

“Slates,” political, 451. 

Slavery, abolition of, 228; slave trade, 
219. 

Smithsonian Institution, 324. 

Socialist and Socialist-Labor parties, 
449. 

Solicitor, city, 56. See Attorney, 
prosecuting. 

South Carolina, 75, 86,120,137,179, 
181, 201, 223, 251, 262, 466, 467. 

South Dakota, 29, 30, 31, 35, 104, 
117, 178, 181, 251, 466, 467. 

Sovereignty, definition of, 2. 

Spain, government of, 6. 

Spanish-American War, 230. 

Speaker of House of Representatives, 

232, 270-274. 

Special assessments, 191-192. 

Special legislation for cities, 43-45. 

Special sessions, of city council, 53; 
of State legislature, 97; of Congress, 
267, 307. 




INDEX 


XXXV 


Specie payments, resumption of, 
362. 372-373. 

Speech, freedom of, 240. 

Spoils system, in State government, 
42, 47, 112-113; in federal govern¬ 
ment, 303. 

Staff, general, 317. 

Stamp Act, 81; Stamp Act Congress, 
208. 

Standards, bureau of, 324. 

State, definition of, 2; origin of, 1; ev¬ 
olution of, 2; forms of, 4; secretary 
of, in commonwealths, 109-110. 

State, Secretary of (federal), 313, 
314, 403. 

States, origin of, 74-84; constitution 
of, 86-93; legislative departments 
of, 95-104; limitations on, under 
federal constitution, 101-102; 
executive department, 106-113; 
judiciary, 115-127; police power 
of, 129-138; power over crime, 
140-147; administration of chari¬ 
ties, 151-156; control of economic 
interests, 158-169; control of edu¬ 
cation, 172-184; finance, 187-204; 
interstate and federal relations, 
235-238, 242-248; sphere of activ¬ 
ity, 7, 248; admission to Union, 
91, 420-421; rural local govern¬ 
ment in, 14-35; city government 
in, 38-71. 

Streets, city, 66-67. 

Strict construction, 447. 

Strikes, 161. 

Subpoena, 122. 

Subsidies, ship, 379. 

Succession, presidential, 292. 

Suffrage, qualifications for, 466-467. 

Superintendent of schools, in cities, 
65, 180; State superintendent or 
commissioner, 109, 111, 181. 

Supervisor, township, 31; county, 33. 

Supreme court. State, 119; judges 
of, 120; appeal to. from lower State 
courts, 126. 

Supreme Court, United States, 332- 
333. See Judiciary, federal; also 
Constitutionality of legislation. 

Surrogate, county, 26. 

Surveyor, county, 35; State, 112. 

Surveys, public land, 28. 

Swiss Confederation, 6. 

Switzerland, government of, 6, 7. 


Tariff duties, as a form of tax, 346- 
347; as commercial regulations, 
380-385; insular tariffs, 419. 

Taxation. See Finance. 

Tax commissioner. State, 112. 

Teachers, employment and certifica¬ 
tion of, 181. See Education. 

Temperance legislation, 136-137. 

Tennessee, 136, 178, 179, 180, 181, 
201, 251, 467. 

Tenure of Office Act, 302. 

Territories, power of Congress con¬ 
cerning, 407, 418-419; territorial 
acquisitions, 407-409; early terri¬ 
torial legislation, 409-411; gov¬ 
ernment of territories, 412-418; 
admission of new States, 418-421, 

Texas, 181, 183, 251, 436, 466. 

Text-books, 181. 

Third term doctrine, 291. 

Thirteenth amendment, 228. 

Titles of nobility, forbidden, 242, 

Tonnage tax, 378-379. 

Torts, 122, 140. 

Towns, origin of, 15-16, 18-19; es¬ 
tablishment of, in New England, 
18; characteristics of, in early New 
England, 19; general features of, 
in New England, 24; government 
of, 24-25; town-meeting in New 
England, 19, 24-25; in the Cen¬ 
tral States, 30. 

Townshend Acts, 81. 

Township, origin of in Middle West, 
27-28; officers in Central States, 
30-31; board, 31; township-county 
system, 22, 28, 29. 

Trade. See Commerce. 

Trade-marks, 169, 440; Trade-mark 
Cases, 337, 440. 

Trades and callings, regulation of, 
135-136. 

Treason, 141, 443. 

Treasurer, county, 26, 34; township, 
31; city, 59; State, 109, 110, 111. 

Treasury, federal department of, 
314-316. 

Treaties, power over, 254, 306-307. 

Trials, judicial. See Procedure, civil 
and criminal. 

Trustees, township, 31. 

Trusts, State regulation of, 165-166; 
federal regulation of, 392-393. 

Twelfth amendment, 227. 



XXXVl 


INDEX 


Two-thirds rule, 462. 

Unconstitutional legislation. See 
Constitutionality of legislation. 

Undervaluation of property, 196. 

Union, colonial plans of, 208. 

Unit rule, 462. 

Universal Postal Union, 319. 

Universities and colleges, 175-177. 

Unwritten constitution of the United 
States, 230-233. 

Urban. See City. 

Utah, 104, 161, 179, 181, 183, 467. 

Vagrants, 154. 

Verdict of jurv, 123, 145. 

Vermont, 95,108, 120, 136,178,180, 
181, 248, 263, 466, 467. 

Vestry-meeting, in England, 16; in 
Southern colonies, 21. 

Veto-power, of mayor, 55; of govern¬ 
or, 99,108; of President, 278, 308- 
309; of territorial governor, 413. 

Vice-President, election of, 287-288; 
salary and functions, 292-293. 

Villages, 15. 

Virginia, 27, 75, 84, 120, 168, 176, 
180, 181, 201, 209, 210, 215, 222, 
223, 251, 262, 409, 467. 

Virginia plan, in Constitutional Con¬ 
vention, 213, 220. 

Volunteers, army, 427. 

Voting, methods of, in Congress, 
278; qualifications for, 466-467; 
registration, 467-468; casting and 
counting ballots, 471-472. 

War, Department of, 316-317; pow¬ 
ers of President and Congress, 230, 


297-298, 424-426; declaration of 
war, 425. See Military functions. 
Militia. 

War of 1812, 398; other American 
wars, 424. 

Warrants, police, 142-143. 

Washington, D. C., government of, 
414-415; street-plan of, 67. 

Washington (State), 35, 181, 251, 
262, 466, 467. 

Washington, George, 216, 222, 224, 
399, 403, 446. 

Wastes, disposal of, 67. 

Water supply, city, 68. 

Waterways, 168. 

Ways and Means Committee, in 
House of Representatives, 342. 

Weather bureau, work of, 323. 

Weights and measures. State super¬ 
intendent of, 112; regulation of, 
168; 169, 390, 440-441. 

Western land cessions, 409. 

West Point, 184, 428. 

West Virginia, 27, 120, 159, 176. 

Whig party, 448. 

White House, the, 291, 292. 

Wilson Tariff Law, 382. 

Wills, probate of, 119. 

Wisconsin, 29, 30, 31, 57, 113, 145, 
151, 159, 161, 174, 175, 176, 178, 
181, 251, 409, 466, 467. 

Woman’s suffrage, 467. 

Work-houses, 146. 

Working-classes. See Labor. 

World power. United States as a» 
400-401. 

Wrongs, redress of, 122-124. 

Wyoming, 35, 176, 181, 262, 466, - 
467. 



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